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5
Representation of Peoples Act, 1951 (hereinafter, referred to as the 'RP
Act'). However, as is evident from a bare perusal of the said provision,
the statutory mechanism envisages only the disqualification of a
candidate for the commission of such corrupt practices. As such, the
proper remedial measure in the present case, assuming that the Election
Commission's findings are accurate, would be the disqualification of the
concerned candidate.
7.
In such circumstances, the 1st Respondent herein has
however proceeded to issue the impugned notification numbered
F.No.H-11024/1/2019-Leg.II dated 16.04.2019, wherein, it has sought to
"partially rescind the Notification No.1389, dated 19th March 2019 in so
far as it relates to calling upon the said 8- Vellore parliamentary
constituency in Tamil Nadu to elect a member to the Lok Sabha...", and
the same is ex facie illegal, arbitrary and disproportionate and that the
same is also in violation of the provisions of the Representation of the
People Act, 1951. Challenging the impugned notification, Petitioner has
filed the present writ petition on the following grounds:
Impugned Notification lies in violation of the
Constitutional Scheme:
(i) Impugned Notification would amount to a violation
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