Bar & Bench (www.barandbench.com) 10 are made against a particular candidate, the nature of remedial proceedings envisaged are judicial, whereby the issue must be heard in accordance with Section 80 and the other concomitant provisions of the RP Act, as per which the issue is to be determined by a competent court. Even in cases where the Election Commission seeks to disqualify a candidate, the consequences, same wherein is an the action carrying proceedings civil cannot be conducted in violation of the principles of natural justice. The impugned notification seeks to bye-pass the judicial process envisaged under law for determination of the existence of such corrupt practices by ostensibly penalizing the same through an administrative order. (xi) In any event, the circumvention of the said judicial process by the 1st Respondent or the Hon'ble President of India is an action that is envisaged neither under the Constitution nor under any statute. A determination has been made regarding the culpability of a certain candidate in the EC Recommendations. Furthermore, based on this ex parte determination of guilt on the part of one candidate, punishment has been recommended for all parties involved by countermanding the entire election rather than punishing the concerned candidate. As such, the Impugned Notification suffers from a fundamental misapplication of law and is ex facie liable to be set aside. http://www.judis.nic.in