Bar & Bench (www.barandbench.com)
9
however, such a law exists in the form of the RP Act which,
as
enunciated
hereinabove,
circumstances
under
countermanded.
The
which
expressly
an
stipulates
election
well-recognized
legal
may
the
be
maxim,
expressio unius est exdusio alterius applies and the
countermanding of elections on other grounds (especially
those for which other penal consequences have been
specifically envisaged under Section 8A of the RP Act)
cannot be done by invoking any residual power under
Article 324 of the Constitution also. As such, the EC
Recommendations as well as the Impugned Notification are
liable to be set aside in so far as they violate the
Representation of the People Act, 1951.
Impugned Notification constitutes an arbitrary exercise
of a judicial function:
(ix) A bare perusal of the EC Proceedings evinces that
the issuance of the Impugned Notification is not merely an
administrative action, but an action taken based on a
quasi-judicial
finding
of
culpability
by
the
Election
Commission. In so far as the Election Commission has
proceeded on such a quasi judicial determination carrying
serious civil consequences, the same cannot be given effect
to vide an administrative order. It is well-settled that
Section 21 of the General Clauses Act is also inapplicable to
such instances where the proceedings culminating in the
concerned order are quasi-judicial in nature.
(x) In cases, where allegations of 'corrupt practices'
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