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8
concerned candidate and not to countermand the elections
as a whole. The said interpretation is further strengthened
on a conjoint reading of the said provision with Sections 57,
58 & 58A of the RP Act, which expressly stipulate the only
circumstances under which an election may be adjourned
or countermanded.
(vii) The abovesaid provisions clearly evidence that
the
legislature,
in
its
wisdom,
has
envisaged
countermanding or adjournment of elections only in such
cases as law & order violations, natural disasters etc. While
the incidence of corrupt practices has been recognized and
remedied under Section 8A, the same stands expressly
excluded as a ground for countermanding or adjournment
under these provisions. In such circumstances, it is
respectfully submitted that the RP Act does not permit
countermanding or adjournment or elections in any
manner, directly or indirectly, on account of 'corrupt
practices' by any candidate. The statutory remedy in such
cases is the disqualification of the candidate and not the
cancellation of an election itself.
(viii) It is also well-settled that Article 324 of the
Constitution of India empowers the Election Commission to
control the conduct of all elections to Parliament and to
the Legislature of every State. The limitation on this
plenary character is only when the Parliament or the State
Legislature has made a valid law relating to or in
connection with the elections. In the instant case,
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