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17.
Referring to Sections 58 and 58(A) of the Representation of
the People Act, 1951, learned Senior Counsel for the petitioner in
W.P.No.11977 of 2019, submitted that the said statue enumerates
certain Acts to be taken into consideration for ordering fresh poll, ie.,
destruction of ballot papers, booth capturing, etc., and when the
legislation provides for specific instances, countermanding of the
elections and allegations of corrupt practices by a candidate, cannot be
a reason for cancelling the elections. According to him, this is a classic
case of corrupt practice by one of the candidates and for the sole act of
one candidate, the entire election need not be stalled. Heavens would
not fall down, the elections can go on and results be kept in abeyance,
till the matters are finally disposed of. He further submitted that
cancelling of elections, is highly disproportionate.
18.
Mr.Sathish Parasaran, learned senior counsel appearing for
the petitioner in W.P. No.11977 of 2019 contended that once a
Notification is issued by the President under Section 14 of the RP Act,
1951, then the Election Commission of India has to conduct the elections
in accordance with the schedule fixed in Section 30 of the RP Act, 1951.
He further contended that once the election process has started then,
countermanding of elections or directions for holding fresh polls can be
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