Bar & Bench (www.barandbench.com)
13
(xvi) Impugned Notification is also vitiated by
arbitrariness in as much as the EC Proceedings itself record
that the tainted candidate was "making preparations" to
target votes in the constituency and that the same was
prevented. In such circumstances, it is unclear as to how
there can be said to exist a vitiated atmosphere for the
conduct of elections. There are seizures of cash every day
across the state and the country and, in view of the
efficient discharge of its duties by the Election Commission,
there is no question of any corrupt practices having been
commissioned. In such circumstances, the action of
effectively countermanding the elections itself, despite the
bribing of voters admittedly having been prevented, is
excessive and arbitrary.
Facts in W.P.No.11978 of 2019 are as follows:
8.
It is the case of K.Sugumar, petitioner in W.P.No.11978 of
2019 that he is an independent candidate, contesting from 8-Vellore
Constituency for the Lok Sabha elections. On 19.03.2019, the Hon’ble
President of India, pursuant to the recommendation of the Election
Commission,
issued
notification
No.1389(E),
calling
upon
the
parliamentary constituencies of 13 States/Union Territories, including
39 parliamentary constituencies in the State of Tamil Nadu. Thereafter,
the Election Commission had issued a further notification No.55(E),
http://www.judis.nic.in