New Delhi: The Election Commission is all set to invoke its powers under the Constitution to cancel the Lok Sabha election in Vellore, Tamil Nadu, in light of heavy cash seizures, ThePrint has learnt.
There have been several reports of cash seizures in Vellore this election season, with the sum amounting to Rs 11.5 crore in one case.
According to highly-placed sources, the EC received a report from the Tamil Nadu chief electoral officer Monday, and is likely to take a formal decision Tuesday.
The key candidates in the fray in Vellore are AIADMK’s A.C. Shanmugam, E. Karunanithi of the BSP, and the DMK’s D.M. Kathir Anand.
Just days ago, police filed cases against three DMK leaders, including Anand, after income tax officials allegedly seized Rs 11.48 crore from a cement godown at Nadumottur village in Katpadi region.
Does the EC have the powers to cancel an election?
The EC has no express powers to cancel or postpone an election. However, Article 324 of the Constitution gives the poll body the superintendency as far as the conduct of free and fair elections is concerned.
Various Supreme Court orders have stated that where the law is silent, the EC can invoke Article 324 to ensure elections are conducted without malpractices.
In 2016, the commission wrote to the Union Law Ministry seeking express powers to revoke or countermand an election in case there is evidence of money power being used to influence voters, saying that it is not always possible to invoke the constitution.
The EC had also said that using Article 324 made its actions open to legal challenge.
Also read: Election Commission does have special powers but they aren’t absolute
Sunil Arora should have stayed at home enjoying his retired life.
One or two powerful shots across the bow are required.