Bar & Bench (www.barandbench.com)
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can be achieved by disqualifying just the concerned
candidate. As such, the Impugned Notification contravenes
Article 14 of the Constitution.
(xiv) Impugned Notification also fails to achieve the
objective of dissuading corrupt practices On the contrary,
the present action may set a precedent for the setting up
of dummy candidates who may openly propagate corruption
with the objective of having an election cancelled with the
sole intention of harming any candidate who has a certain
chance of victory. The legislature, in its wisdom, has
penalized corrupt practices by any candidate by imposing
sanctions against the said candidate. The Impugned
Notification, in so far as it seeks to penalize all candidates
for the same, is manifestly arbitrary and unjust.
(xv) Impugned Notification also occasions grave losses
to the public exchequer, directly and indirectly, in so far as
the amounts expended towards the conduct of the election
as well as the time devoted by several government
functionaries to carry out the same has been rendered
worthless by the Impugned Notification. While the conduct
of free and fair elections is no doubt the paramount
consideration, the same can be achieved by disqualification
in the present case, In such circumstances, the aforesaid
wastage occasioned to the public exchequer is wholly
needless and, as such, the Impugned Notification suffers
from arbitrariness and lies in violation of Article 14 of the
Constitution.
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