Current Affairs - April, 2019National Affairs Dose

Madras High Court Upholds Decision to cancel Vellore Poll – GK Dose

Madras High Court Upholds Decision to cancel Vellore Poll

Madras High Court has dismissed two writ petitions filed against the Presidential decision to rescind the Lok Sabha poll notification for the Vellore parliamentary constituency in the wake of complaints of large-scale distribution of cash to voters.

Why the Lok Sabha Polls in the Vellore Constituency was cancelled?

Lok Sabha election to the Vellore constituency was cancelled following the recovery of a huge amount of cash allegedly from a DMK candidate’s office.

The Election Commission had decided to cancel the polls after the district police had filed a complaint against the accused, Kathir Anand (DMK Candidate from Vellore) as well as two party functionaries on the basis of a report from the Income Tax department on April 10.

Observation made by the Madras High Court

Writ petitions were filed by AIADMK candidate A.C. Shanmugam and independent candidate K. Sugumar, who sought a direction to the Election Commission (EC) to conduct polls for the Vellore constituency along with 38 others in the State on 18th April.

The Supreme Court rejected the petitioners claim that the Constitution does not confer upon the President any power to countermand an election and, therefore, a gazette notification issued by the Union Ministry of Law and Justice notifying the decision of the President to rescind the poll notification should be declared ultra vires.

The High Court pointed out that it was the EC that had made the recommendation for countermanding the polls to the President by exercising powers conferred on it under Article 324 of the Constitution, Section 21 of the General Clauses Act of 1897 and other enabling powers aimed at ensuring the conduct of free and fair elections.

It was the President who had notified the polls on March 19 on the basis of a recommendation made by the EC and by exercising powers conferred on him under Section 14 of the Representation of the People Act of 1951. Hence President was right in rescinding the notification on the basis of EC’s subsequent recommendation.

Show More

Jayant Srivastava

Hello Everyone, Am happy to start this project which is Completely a free service. Though am not a mentor, Am just doing this for my self satisfaction and for supporting the Financially Backward. I think you all understand my intention in creating this and ultimate purpose of this blog is providing free material for the needy people. Coming to UPSC Preparation, people created assumptions like UPSC is the toughest exam and You can’t clear it unless you join a coaching. By this false statements economically backward Students are dropping their aspirations even before they start. To wipe out all those assumptions, I have started this. Here, all materials which are important for clearing UPSC will be shared for free of cost, yes this is completely free and we are doing this to serve the poor who can’t afford the coaching institutions. Join us on Telegram also.

Related Articles

Back to top button
All original content on these pages is fingerprinted and certified by Digiprove
Close