The Election Commission has the power to recommend the rescission of an election notification under Article 324 of the Constitution of India, even in the absence of specific provisions in the Representation of the People Act, 1951, to ensure the purity of the election process and reflect the true choice of the electorate.

MOTILAL B. NAIK, J.

( 1 ) IN these two Writ Petitions, subtle but interesting proposition of law has fallen for consideration before this Court and, therefore, these two Writ Petitions are disposed of by a common judgment.

( 2 ) WRIT Petition No. 20130/94 is filed by a Telugu Desam Party candidate and petitioners in Writ Petition No. 20283/94 are the independent candidates who have filed their nominations to 163-Gorantla Assembly Constituency of Ananthapur District in Andhra Pradesh State.

( 3 ) THE facts which emanate from these two Writ Petitions are as under :-

( 4 ) THE notification for General Elections to the Legislative Assembly for the State of Andhra Pradesh in terms of Clause (2) of Section 15 of the Representation of the People Act, 1951 (hereinafter referred to as "the Act") was issued by the Governor of Andhra Pradesh in Notification No. 597/ Elec. F/94, General Administration (Elec. F) Department, dated 1-11-1994 calling upon all the Assembly Constituencies in the State to elect members in accordance with the provisions of the Act. After the issuance of Election Notification by the Governor of Andhra Pradesh, the election process in the State is set in motion. As per the Election Notification, 8-11-1994 is the last date for making nominations, 9-11-1994 is the date for scrutiny of the nominations, 11-11-1994 is the last date for the withdrawal of the candidatures, 1-12-1994 is the date on which a poll, if necessary, shall be taken, 9-12-1994 is the date of counting of votes and 13-12-1994 is the date before which the election shall be completed in the aforementioned 163-Gorantla Assembly Constituency.

( 5 ) WHILE so, one Sri Siddaiah, a candidate of Congress-I, is said to have been abducted in the morning of 8-11-1994 by his rival group with an intention to prevent him from filing his nomination papers. Said Siddaiah was freed on the next day i. e. , on 9-11-1994. The resultant effect of the said abduction is that said Siddaiah could not file his nomination papers on 8-11-1994 which is the last date for filing the nominations.

( 6 ) INTIMATION was sent to the first respondent by the second respondent vide Fax Message No. 1360/l. and O. 1/94-2, dated 10-11-1994 about the incident of abduction of said Siddaiah. The second respondent further intimated to the first respondent that he instructed the District Collector, Anantapur District -- third respondent herein and requested the Chief Secretary and District Superintendent of Police. Anantapur to locate the abducted person before 3. 00 p. m. on 8-11-1994, which was the last date of filing nomination papers. The Election Commission directed the Chief Secretary of Andhra Pradesh State and Chief Electoral Officer of Andhra Pradesh through Fax Message dated 9-11-1994 to ascertain whether Sri Siddaiah and his proposer were ultimately prevented from filing nomination papers and whether the nomination papers were in personal possession of Siddaiah at the time of his alleged abduction. The information sought by the first respondent was furnished by the other respondents. Basing on the information available the first respondent was of the view that the purity of the election process has been irretrievably sullied in 163--Gorantla Assembly Constituency in the State of Andhra Pradesh and in the given circumstances the result of the election in the said constituency cannot reflect the true choice of the electorate of the constituency. Therefore, the first respondent in exercise of the powers conferred under Article 324 of the Constitution of India and under Sections 30 and 153 of the Act read with Section 21 of the General, Clauses Act, 1897 has recommended to the Governor of Andhra Pradesh that he be pleased to rescind the aforesaid notification No. 597/elec. F/94-1, General Administration (Elec. F) Department, dated 1-11-1994 issued by him under Section 15 (2) of the Act, in so far as it relates to calling upon the said 163-Gorantla Assembly Constituency to elect its member to

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