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of India r/w Sections 8 and 8-A of the RP Act, 1951. He submitted that if
the allegations against the candidate are proved, he is elected his
election will be set aside, but if he is not elected, then there will be no
effect on the final outcome of the result, but he will be disqualified
from contesting any elections for a period of six years from the date of
conviction. He submitted that Election Commission was therefore not
justified in recommending cancellation of the elections to 8-Vellore
Parliamentary Constituency.
20.
Mr.Sathish Parasaran, learned Senior Counsel appearing for
the petitioner in W.P.No.11977 of 2019, further submitted that the
reading of the recommendations would show that distribution of money
to the voters has been prevented and therefore the purity of elections
has not been disturbed. He also contended in any event, the Hon'ble
President does not have the power to rescind the election. He
submitted that if elections are countermanded/rescinded on the
allegation of distribution of money, then it will amount to inserting to a
new provision in the RP Act, 1951 after from Section 58 and 58-A. He
further submitted that on the facts of the present case countermanding
election is too drastic step. In the alternative, he contended that even if
it is to be assumed that the Election Commission of India does have the
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