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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
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