Bar & Bench (www.barandbench.com) 19 ground that monies were attempted to influence voters by one candidate alone, it will lead to a situation where political parties under the fear of losing the elections, will voluntarily set up dummy candidates and engage in corrupt practices, so as to rescind the elections. It is submitted that this is especially damaging to independent candidates like the Petitioner herein, who will not have the capacity to constantly take part in elections and whose chance to win the elections will be greatly compromised. Therefore, the Impugned Notification is liable to be set aside. (v) That the Impugned Notification is liable to be set aside in so far as the Election Commission themselves have admitted that while an attempt was made to influence the voters, it has been prevented due to the prompt actions of the Election Commission. It is submitted that when the alleged offence has been prevented, the Election Commission has, without basis, stated in its proceedings that allowing the current electoral process to proceed and to conduct the poll in the constituency in such a vitiated atmosphere, will severely jeopardize the conduct of free and fair elections. However, the Election Commission fails to mention the reasons as to why instead of taking actions against the accused candidate and other members of his political party, the entire election needs to be rescinded. Therefore, the Impugned notification is liable to be set aside. (vi) That the Impugned Notification is liable to be set http://www.judis.nic.in

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