Bar & Bench (www.barandbench.com) 21 is grossly disproportionate in nature. (viii) That the Impugned Notification is ultra vires the powers of the Hon’ble President of India or the 1st Respondent herein. It is humbly submitted that the power of general superintendence only vests with the Election Commission of India, and not with the Hon’ble President of India. In fact, as evinced from the case law provided in the proceedings of the Election Commission dated 14.04.2019 itself, it is clear that the power to countermand or rescind elections lies with the Election Commission alone. However, even that power may only be exercised in the situations as provided for under the Representation of People Act, 1951. It is humbly submitted that the present case is not covered under Sections 57, 58 & 58A of the Representation of People Act, which provides the situations in which an election may be countermanded or adjourned by the Election Commission. Therefore, it is submitted that the Impugned Notification is ultra vires the Constitution in so far as the 1st Respondent or the Hon’ble President of India does not have the power to issue such a Notification. (ix) That the Impugned notification is liable to be set aside as lacking in due application of mind. Neither the Impugned Notification nor the proceedings of the Election Commission annexed therewith provides any cogent reason as to what is the necessity to both, take disciplinary actions against the accused candidate/other members of the political party and also to rescind the entire electoral http://www.judis.nic.in