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29. In our view, Article 243-O(b) of the Constitution of India imposes a limitation on the powers of the High Court, under Article 226 of the Constitution, with respect to matters relating to election of a Panchayat as defined under Article 243(d). The mandate of Article 243-O is as supreme as mandate of any other Article or provision in the Constitution of India. Therefore, upon a harmonious construction of Article 226 and Article 243-O of the Constitution and because of the non-obstante clause with which Article 243-O commences, it appears that the jurisdiction of a High Court, under Article 226 of the Constitution of India, would be barred in matters concerning election to Gram Panchayat under Part IX of the Constitution.

69. Moreover, having availed the statutory remedy, under the Bihar Panchayat Raj Act, 2006, as an aggrieved party, against the declared result and the issuance of certificate under Rule 81 of the Rules, the writ petitioner could not have, at the same time and in the same breath, sought for the same remedy by way of a writ petition under Article 226 of the Constitution of India.

70. We may, however, point out that the decisions of the Supreme Court, in Mohinder Singh Gill case (supra), in Patna High Court LPA No.1639 of 2016 dt.18-10-2016 Ponnuswami„s case (supra), and in Ashok Kumar‟s case (supra), are based on the interpretation of Article 329(b), which is similarly worded as Article 243-O(b) of the Constitution. From a mere comparison of Article 329(b) and Article 243-O(b), it is evident that the articles are in pari materia with the only difference to the effect that the former deals with elections to Parliament and State legislature, while the latter deals with elections to a Panchayat. In this regard, the position of law is expressed in the decision of Supreme Court Anurag Narain Singh vs. State of UP, reported in (1996) 6 SCC 303, wherein the Supreme Court relied on the decisions, dealing with Article 329 of the Constitution, to construe and interpret Article 243-O of the Constitution, in an election for Panchayat, in the manner as follows:

79. Upon a careful consideration of the Bihar Panchayati Raj Act, 2006, and the Rules framed thereunder, there can be no doubt that the Bihar Panchayati Raj Act, 2006, is a law in terms of Article 243-K (4) of the Constitution of India. A law, under Article 243-K (4) of the Constitution, is subject to other provisions of the Constitution of India and, therefore, the remedy, Patna High Court LPA No.1639 of 2016 dt.18-10-2016 under Article 226 of the Constitution of India, would have been available if Article 243-O (b) of the Constitution did not form part of the Constitution of India. The authority of Article 243-O is as supreme as the authority of Article 226. The non-obstante clause of Article 243-O makes the mandate and bar under Article 243-O override the remedy under Article 226. Therefore, in tune with the mandate of Article 243-O of the Constitution, the Act, incorporates, in Section 138, the principle enumerated in Article 243-O. The jurisdiction of a High Court to exercise powers, under Article 226, stands barred in matters relating to election of a Panchayat, because of the overriding effect of Article 243-O, which supports the non-obstante clause. This is the view taken by the Constitution Bench of the Supreme Court, in Ponnuswami„s case (supra), with respect to elections conducted under Part-XV of the Constitution. Resultantly, therefore, recourse to a remedy, under Article 226 of the Constitution, would not be available to a person, who had contested the election if the process of election for panchayat is concluded by declaration of result.

80. To put a little differently, Article 243-O(b) of the Constitution of India, imposes, in our considered view, a limitation on the powers of the High Court, under Article 226 of the Constitution, with respect to matters relating to election of a Panchayat as defined under Article 243(d). We must construe the provisions of the Constitution harmoniously, for, the mandate of Article 243-O is as supreme as mandate of any other Article or Patna High Court LPA No.1639 of 2016 dt.18-10-2016 provision in the Constitution of India. Thus, upon a harmonious construction of Article 226 and Article 243-O of the Constitution and because of the non-obstante clause with which Article 243-O commences, it transpires, and we hold, that the jurisdiction of a High Court, under Article 226 of the Constitution of India, would be barred in matters concerning election to Gram Panchayat under Part IX of the Constitution unless such jurisdiction is invoked to facilitate the process of election.