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11. On the other hand, specific claim of the sole respondent is that D. O. letter dated 30-9-2005 (Ext.- 'A') clearly shows that the candidature of the petitioner was rescinded in clear terms, ft was further averred by learned Counsel for the respondent that the entire allegation is against the other candidate, namely, Shri Binod Kumar Yadvendu but he has not been impleaded in the election petition and hence this election petition is not maintainable. It was also claimed that the Symbol Allotment Order; 1968, is not binding as the provisions of the Act and furthermore Clause 8 of the said Order defines the power of the Election Commission, which is all pervasive and vast power can be imbibed. Learned Counsel for the respondent pointed out that order dated 3-10-2005 was the final order with respect to scrutiny of nomination paper as per the order of the Election. Commission, whereafter, the list of contesting candidates was finally published in Form 7-A as neither any final scrutiny was made nor any final list was published earlier, which is clear from the order sheet of the Returning Officer (Ext. 8). It was also stated on behalf of the respondents that the Returning Officer himself specifically proved the aforesaid facts in his deposition as D. W. 2.

16. Issue No. IV:-Issue No. IV is with respect to order of the Election Commission of India dated 3-10-2005 contained in Ext. 'B' as to whether it is legal and binding upon the Returning Officer. As per Article 324 of the Constitution of India, the entire power of superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all the elections to Parliament and to the Legislature of every State, is vested in the Election Commission, whereas, the term "Election Commission" is defined under Section 2(d) of the Representation of the People Act, 1950 as well as in Clause 2(b) of the said Order. Furthermore, Clause 18 of the said Order gives all pervasive and vast power to' the Commission for clarification of any of the provisions of the said Order : for the removal of any difficulty, which may arise in relation to the implementation of such provisions; and for passing any order in relation to any matter with respect to the reservation and allotment of symbols and recognition of political parties, for which no provision or insufficient provision is made in the said Order for the smooth and orderly conduct of elections.

23. Apart from the aforesaid views and decisions of the Hon'ble Supreme Court, the provisions of law are also clear as Article 324 of the Constitution of India gives sufficient-power and authority to the Election Commission for the Superintendence, direction and control of the entire election process, whereas, Clause 18 of the Order also defines the power of the Commission with respect to issuance of instructions and directions in relation to any matter with respect to the reservation and allotment of symbols and recognition of political parties, for which this Order makes no provision or makes insufficient provision, and such direction is in the opinion of the Commission necessary for the smooth and orderly conduct of the elections. Hence, as per the aforesaid provisions, all the difficulties in this regard can be removed by the Election Commission which has imbibed vast and all pervasive power in that regard.