Exercise of power by EC cannot be classified as rule/law-making: advocate Prashanto Sen
As the hearing resumed, senior advocate Prashanto Sen, representing the petitioners, argued: ‘The exercise of power by the Election Commission to notify the SIR cannot be classified as rule-making or law-making. It cannot match the statutory authority of Section 21(3) of the Representation of the People Act, 1950. Not every action can be elevated to the status of a rule or law.’”
Mr. Sen argues that once Section 21(3) of the ROPA is invoked, the EC cannot refer to Article 324 (power of superintendence and control of elections). Section 21(3) is a complete code in itself and covers the revision of electoral rolls.
“There is no link between what the EC wants to achieve through SIR and the methods or procedures used.”
