Mohinder Singh Gill v Chief Election Commissioner (1978)

Constitutional Law II · Election Commission

Facts.

Polling in a constituency was disrupted; the Election Commission cancelled the poll and ordered a fresh election, using powers not spelt out in the enacted law. The order was challenged.

Issue.

Does the Election Commission have power to act where the election law is silent?

Held.

Yes. Article 324 vests plenary power in the Commission to take steps necessary for a free and fair election where the statute is silent, subject to the rules of natural justice and the law.

Why it matters.

It is the foundation of the Election Commission’s wide “reserve” powers — the answer key to problems challenging the Commission’s election-management decisions.

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