KHEMCHAND RAJARAM KOSHTI Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioner with the following main prayers:

(2.) Basis of this petition is that necessary order or direction be issued to respondents to fully comply with provision of section 126 of the Representation of Peoples Act, 1951 ("the Act" for short) and conduct of Election Rules, 1961, so as to conduct free, fair and impartial elections of 17th Lok Sabha 2019. It is averred in the petition that Election Commission of India is an autonomous constitutional body responsible for conducting free, fair and impartial elections to the Lok Sabha. Rajya Sabha, State Legislative Assemblies and other offices of constitutional authorities like President and Vice President of the country. Election Commission of India is empowered for superintendence, direction and control of the preparation of electoral rolls for and the conduct of all elections in free, fair and unbiased manner. Art. 324 of the Constitution of India is a reservoir of power for Election Commission of India to act for the avowed purpose of pursing the goal of free and fair election.

(3.) In the context as above, petitioner has relied on certain instances and past events, which took place in the last Lok Sabha election on various dates, wherein, election rallies were conducted by leaders of political parties, according to the petitioner, in breach of provisions of section 126 of the Act. It is genuinely apprehended by petitioner that such incidents are likely to occur in the ensuing Lok Sabha and State Legislative Assembly elections of 2019 as per the schedule notified by the Election Commission of India.