Bar & Bench (www.barandbench.com)
29
24.
According to the learned Senior Counsel, if after the trial,
the candidate is punished for the offences, stated supra, he will suffer
disqualification. Acts alleged would fall under the definition of corrupt
practices, which attracts disqualification under Section 8-A of the
Representation of the People Act, 1951. In any event, if prosecution
succeeds, he would be punished for corrupt practices and lateron, he
would be disqualified. But that alone cannot be the reason to
countermand or cancel the elections. He further contended that to
maintain purity and for conducting free and fair elections, it does not
require to rescind the instant election, without any justifiable reason
and that there is no rational behind the decision taken by the Election
Commission of India.
25.
Referring
recommendation
of
to
contents
the
in
Election
paragraph
No.25
Commission
of
of
the
India,
Mr.ARL.Sundaresan, learned Senior Counsel for the petitioner in
W.P.No.11978 of 2019, submitted that finding of the Election
Commission that there was a inducement and allurement to electors by
the candidate, political party, and their associates by distribution of
money, which has been going on at a large scale and in a clandestine
manner, vitiating the purity of the electoral process and disturbing the
http://www.judis.nic.in