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political party, the entire election needs to be rescinded.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
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