Asked January 19, 2017

Petition against Election Commission

  • 1 Answer

Under which rule is the Election Commission has been seizing alcohol, drugs in Uttar Pradesh due to the upcoming election? How can such a seizure be challenged when the alcohol seized is not employed for any election purpose and is procured under a proper license?

Answer 1

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By Article 324 of the Constitution of India, the Election Commission has been empowered with

wide power to prepare electoral poll as well as to conduct. The Commission is burdened with the

responsibility to ensure free and fair elections. The source of power of the Election Commissioner of India lies in Article 324 and not in the Laws made by the Parliament.

Using the constitutional power given under Article 324, the election Commission comes up with rules/orders/ code of conduct in order to ensure free and fair elections.

 A complaint can be filed in the Election Commission against any action passed by the Commission. If an adequate solution is received, then a petition can be filed in the High Court under Article 226. Since the power guaranteed to the Commission under Article 324 is to ensure free and fair election, thus, any action taken by the Commission which is not in furtherance of this objective can be challenged as ultra vires.


Research by - Samya Gupta


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