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.
(i), (ii), (iii) and (iv)
The Election Commission's power of superintendence under Article 324 is wide but not unlimited, and its orders are open to judicial review under Article 226 (Mohinder Singh Gill v Chief Election Commissioner, 1978).
(i) Correct: Article 324 operates subject to laws made under Article 327, so an order contrary to such law can be interfered with.
(ii) Correct: an order that is arbitrary, mala fide or unfair violates Article 14 and the rule of law and can be quashed.
(iii) Correct: an order without or in excess of jurisdiction, contrary to electoral law, rules or the Constitution, is void.
(iv) Correct: where the Rules require a direction to be approved by the Government, the Commission cannot implement it on its own without that approval; doing so can be set aside.
Hence, the answer is (i), (ii), (iii) and (iv).
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