Bar & Bench (www.barandbench.com) 7 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 http://www.judis.nic.in

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