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Showing contexts for: function of functionary in Sandeep Yashwantrao Sarode vs Election Commission Of India, Thr. ... on 12 April, 2019Matching Fragments
42. In Digvijay Mote Vs. Union of India; reported in 1993 (4) SCC 175, it has been held that the power of the Election Commission under Article 324 of the Constitution is not unilateral and that it is subject to judicial review as it is a constitutional functionary and a statutory body exercising its functions affecting public law rights. The Hon'ble Apex Court emphasized that the power conferred on the ECI by Article 324 has to be exercised not meaninglessly nor mala fide nor arbitrarily nor with partiality but in keeping with the contours of the rule of law. This is reiterated by the Hon'ble Apex Court in the case of Union of India Vs. 51 wp2251.19.odt Association for Democratic Reforms and another; reported in 2002 (5) SCC 294.