Bar & Bench (www.barandbench.com) 6 of the petitioners' fundamental rights guaranteed under the Articles 14, 19 & 21 of the Indian Constitution. (ii) Impugned Notification is also ultra vires the powers of the 1st Respondent or the Hon'ble President of India under the Constitution in as much as the same does not envisage any such power vesting with the Hon'ble President to countermand an election in the given circumstances. It is submitted that, while Article 324 of the Constitution vests the power of general superintendence and control over elections with the Election Commission, no such powers are vested with the 1st Respondent or the Hon'ble President of India following the announcement of elections. In the post-notification stage, the only power that vests with the Hon'ble President of India lies under Article 103. Admittedly, the impugned notification has not been issued by the President in exercise of the said power which is wholly inapplicable to the countermanding or cancellation of elections. (iii) Power of countermanding the elections does not vest with the 1st Respondent or the Hon'ble President of India under the Indian Constitution. In such circumstances, the Impugned Notification is clearly ultra vires the provisions of the Constitution, which do not vest any power with the Respondents to issue such a Notification. (iv) Powers of the Hon'ble President under law work themselves out once a notification is issued under Section 14 of the RP Act. The conduct of the elections called for http://www.judis.nic.in

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