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power to make such a recommendation, then the circumstances must be
such that it was not in the contemplation of the authorities and should
have come as a surprise. Learned Senior Counsel further submitted that
if the recommendation of the Election Commission has to be accepted,
then in every constituency where there is a seizure of money, election
must be rescinded. He submitted that no yardstick is available to
determine as to when election must be cancelled, when money meant
for distribution to voters is seized.
21.
According to the learned Senior Counsel, corrupt practices
alleged to have been indulged by a candidate, is not a serious issue, to
rescind the election, contrary to the legitimate expectation, to exercise
the right of voting by the voters and also the other contestants, who
are in the fray of election and not alleged to have been indulged in any
corrupt practices. Election Commission should not countermand,
because of the corrupt practices of only one candidate. He submitted
that the reasons assigned in the impugned order are extraneous,
arbitrary, and therefore, the notification is liable to be set aside.
22.
According to the learned Senior Counsel, conducting of
elections, would not be vitiated by the atmosphere, allegedly projected
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