Bar & Bench (www.barandbench.com) 9 however, such a law exists in the form of the RP Act which, as enunciated hereinabove, circumstances under countermanded. The which expressly an stipulates election well-recognized legal may the be maxim, expressio unius est exdusio alterius applies and the countermanding of elections on other grounds (especially those for which other penal consequences have been specifically envisaged under Section 8A of the RP Act) cannot be done by invoking any residual power under Article 324 of the Constitution also. As such, the EC Recommendations as well as the Impugned Notification are liable to be set aside in so far as they violate the Representation of the People Act, 1951. Impugned Notification constitutes an arbitrary exercise of a judicial function: (ix) A bare perusal of the EC Proceedings evinces that the issuance of the Impugned Notification is not merely an administrative action, but an action taken based on a quasi-judicial finding of culpability by the Election Commission. In so far as the Election Commission has proceeded on such a quasi judicial determination carrying serious civil consequences, the same cannot be given effect to vide an administrative order. It is well-settled that Section 21 of the General Clauses Act is also inapplicable to such instances where the proceedings culminating in the concerned order are quasi-judicial in nature. (x) In cases, where allegations of 'corrupt practices' http://www.judis.nic.in

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