Bar & Bench (www.barandbench.com) 17 Therefore, even assuming that the allegations of corrupt practices are true, bribing of voters has been prevented by the Election Commission and there is no necessity to recind the voting process for the entire constituency. 12. The petitioner has further submitted that though in the past, elections have been rescinded on similar circumstances, the present case is distinguishable, on the grounds that the present election relates to Lok Sabha, not assembly or Rajya Sabha and even assuming that the power to rescind is available, it was exercised by the Election Commission and not the President. Therefore, the petitioner has contended that the Impugned Notification is illegal and unconstitutional and mainly discriminates against an independent candidates like him, who has already invested their meagre savings for contesting the elections, and does not have the financial capability to re-contest the elections. The Election Commission, on the one hand, has clearly stated that the electoral process has been vitiated on account of alleged unlawful activities, on behalf of the accused candidate and some members/workers of the political party in question, while on the other hand, the Election Commission has recommended action to be taken, which will directly affect innocent contestants, including the petitioner. http://www.judis.nic.in