AIR 1978 SUPREME COURT 851 ::AIROnline 1977 SC 7 ::1978 2 SCJ 441 ::1978 2 SCR 272 ::1978 (1) SCC 405

Supreme Court Of India

(From: Delhi)*

Hon'ble Judge(s): M. H. Beg, P. N. Bhagwati, V. R. Krishna Iyer, P. K. Goswami, P. N. Shinghal , JJJ

(A) Constitution of India , Art.226— Order by statutory authority - Validity of - How to be judged. When a statuory functionary makes an order based on certain grounds, its validity must be judged by the reasons so mentioned and cannot be supplemented by fresh reasons in the shape of affidavit or otherwise. Otherwise, an order bad in the beginning @page-SC852 may, by the time it comes to court on account of a challenge, get validated by additional grounds later brought out. AIR 1952 SC 16, Rel. On.(Para 8) Anno: AIR Comm. Const of India, Art. 226, Note 184. (B) Constitution of India , Art.324— Amplitude of powers and width of functions to be exercised by Election Commission under Art. 324 - Power to cancel poll in the entire constituency - Election Commission has such power under Art. 324. Functions as referred to in Article 324 (6) include powers as well as duties. It is incomprehensible that a person or body can discharge any functions without exercising powers. Powers and duties are integrated with function. The Chief Election Commissioner has to pass appropriate orders on receipt of reports from the returning officer with regard to any situation arising in the course of an election and power ca....