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must be determined only by way of an election petition. As is
observed by the Hon'ble Court, this by itself may not per se bar the
judicial review which is the basic structure of the Constitution, but
ordinarily such jurisdiction would not be exercised. In
C.Subrahmanyam v. K.Ramanjaneyullu and others, (1998) 8 SCC
703, the three Judges Bench of the Hon'ble Supreme Court observed
that a writ petition should not be entertained when the main question
which fell for decision before the High court was non-compliance of
the provisions of the Act which was one of the grounds for an election
petition in terms of Rule 12 made under the Act. In Jaspal Singh
Arora Vs.State of M.P. And others, (1998) 9 SCC 494, the Hon'ble
Supreme Court dealt with this question and held that in view of mode
of challenging the election by an election petition being prescribed by
the M.P. Municipalities Act, it is clear that the election could not be
called in question, except by election petitions as provided under this
Act. The bar to interfere by the courts in electoral matters contained
in Article 243-ZG of the Constitution was said to have been
overlooked by the High court while allowing the writ petition. The
Hon'ble Court further observed that apart from bar under Article 243-
ZG on the settled principles, interference under Article 226 of the
Constitution for the purpose of setting aside election to a municipality
was not called for because of statutory provision for election petition
and also the fact that in an earlier writ petition for the same purpose
by a defeated candidate had been dismissed by the High Court.