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under
the
aforesaid
provisions
is
then
shifted
constitutionally to the Election Commission, as evinced
from a plain reading of Article 324 of the Constitution.
Thereafter, the Hon'ble President is conferred with only
limited powers under Article 103 of the Constitution for
disqualification in certain circumstances. Therefore, the
present exercise of power by the Hon'ble President and the
1st
Respondent is impermissible under the constitutional
scheme.
(v) It is only the Election Commission that can then
supervise or control an election, which may also be done
only as per the law laid down in the form of the RP Act, as
held by the Hon'ble Apex Court in various decisions. As
such, the Impugned Notification which has ostensibly been
issued under Section 14 of the RP Act read with Section 21
of the General Clauses Act, lies in contravention of the
Constitutional
mandate
conferred
upon
the
Election
Commission for the conduct of elections.
Impugned Notification lies in violation of the law made
by Parliament under Article 327 of the Constitution:
(vi) Impugned Notification also lies in violation of the
RP Act, which is a law made by the Parliament under
Article 327 of the Constitution with respect to "all matters
relating to...elections" It is humbly submitted that Section
8A of the RP Act. The said provision envisages the
appropriate remedy in cases of corrupt practices, wherein
the action is liable to be taken for disqualification of the
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