Bar & Bench (www.barandbench.com) 24 17. Referring to Sections 58 and 58(A) of the Representation of the People Act, 1951, learned Senior Counsel for the petitioner in W.P.No.11977 of 2019, submitted that the said statue enumerates certain Acts to be taken into consideration for ordering fresh poll, ie., destruction of ballot papers, booth capturing, etc., and when the legislation provides for specific instances, countermanding of the elections and allegations of corrupt practices by a candidate, cannot be a reason for cancelling the elections. According to him, this is a classic case of corrupt practice by one of the candidates and for the sole act of one candidate, the entire election need not be stalled. Heavens would not fall down, the elections can go on and results be kept in abeyance, till the matters are finally disposed of. He further submitted that cancelling of elections, is highly disproportionate. 18. Mr.Sathish Parasaran, learned senior counsel appearing for the petitioner in W.P. No.11977 of 2019 contended that once a Notification is issued by the President under Section 14 of the RP Act, 1951, then the Election Commission of India has to conduct the elections in accordance with the schedule fixed in Section 30 of the RP Act, 1951. He further contended that once the election process has started then, countermanding of elections or directions for holding fresh polls can be http://www.judis.nic.in

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