Bar & Bench (www.barandbench.com)
23
2019, submitted that once a notification, under Section 14(2) of the
Representation of the People Act, 1951, is issued under the abovesaid
provision and consequently, when the Election Commission of India in
the Official Gazette, dated 19.03.2019, has notified the announcement
of dates for nomination, scrutiny, withdrawal, etc., then the Hon'ble
President has no power to interfere with the process of elections.
15.
Learned Senior Counsel for the petitioner in W.P.No.11977
of 2019, submitted that the power exercised by the Hon'ble President, is
a hybrid power, invoking Article 324 of the Constitution of India and
Section 21 of the General Clauses Act, 1897. According to him, the
Hon'ble President of India cannot exercise the power, under Article 324
of the Constitution of India, to cancel the election.
16.
Referring to Mohinder Singh Gill v. The Chief Election
Commissioner, New Delhi, reported in 1978 (1) SCC 405, learned
Senior Counsel for the petitioner in W.P.No.11977 of 2019, submitted
that the Election Commission of India can only disqualify a person, who
has indulged in corrupt practices and in the case on hand, the rival
candidates and that there is no need to countermand the entire
elections.
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