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Under which of the following grounds an order of the Election Commission can be interfered with by the High Court under Art. 226 ?

(i) Where it is contrary to the law enacted under Art. 327.
(ii) If the order is arbitrary or mala fide or unfair.
(iii) If it is without or in excess of the Commission's jurisdiction, being in contravention of any electoral law or the Rules made thereunder by the competent Legislature or any provision of the Constitution itself.
(iv) Where a particular direction of the Commission is submitted to the Government for approval as required by the Rules, it is not open to the Commission to go ahead with the implementation of it at its own sweet will even if the approval of the Government is not given.

  • A.(i) and (ii) only
  • B.(iii) and (iv) only
  • C.(i), (ii) and (iii) only
  • D.(i), (ii), (iii) and (iv)

Answer: D

All four grounds apply, so the answer is (i), (ii), (iii) and (iv).

The Election Commission's power under Article 324 is plenary but not unlimited. The High Court under Article 226 may interfere when the Commission's order conflicts with a law made by Parliament under Article 327 (i); when it is arbitrary, mala fide or unfair (ii); when it exceeds the Commission's jurisdiction by breaching electoral law, the Rules or the Constitution (iii); and when the Commission acts on a direction that the Rules require the Government to approve without that approval (iv). Each is an instance of acting outside the law, which is what writ jurisdiction corrects.

The narrower options each leave out one or more of these recognised grounds.

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