The Madras High Court has upheld the Election Commission’s decision of cancelling polling in Vellore Lok Sabha constituency in Tamil Nadu.
Earlier,the President had cancelled polling in Vellore.This decision was taken after the Election Commission had recommended to the President that elections in Vellore be cancelled citing the suspected use of money power to influence voters after huge cash seizures were recovered.
The High court has also said that the EC which has the power to issue notification for conducting elections also has the power to recommend for cancellation if it arrives at the decision that it is necessary to halt the election.
However,EC has no direct 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.
Further,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.