consequence"--Election "called in
question" meaning of.
HEADNOTE:
Article 329(b) of the Constitution provides that
notwithstanding anything in the Constitution ... connection with
elections. Articles 327 and 328 deal with the
first of these requisites, article 324 with
the second and article 329 with the third
they were also within the
purview of that article, but that in view of article 329(b) ,
no relief could be granted either setting aside ... article 226 , a writ of certiorari under that
article will be competent against decisions of the Election
Tribunals also.
The view that article 329
connection with
elections. Articles 327 and 328 deal with the first of these
requisites, article 324 with the second and article 329 with
the third ... used in
article 829 (b). It seems to me that there is an important
difference between article 71 (1) and article 329 (b).
Article
respondents before
the High Court by placing reliance on Article 329(b) of the
Constitution. According to the writ petitioners before the
High Court ... conferred
on the High Courts by Article 226 of the Constitution and
the embargoes created by Article 329 and if so how would
they
connection with elections. Article 327 and 328 deal with the first of these requisites, article 324 with the second and article 329 with the third ... Court which that Court could not have exercised but for this article. Article 329(b) , on the other hand, was primarily intended to exclude
Article 329 in Constitution of India
329. Bar to interference by courts in electoral matters
Notwithstanding anything in this Constitution (a) the validity ... seats to such constituencies, made or purporting to be made under article 327 or article 328, shall not be called in question in any court
Article 323B in Constitution of India
323B. Tribunals for other matters
(1) The appropriate Legislature may, by law, provide for the adjudication or trial ... Legislature of a State, but excluding the matters referred to in article 329 and article 329A; (g) production, procurement, supply and distribution of foodstuffs (including
court would not ordinarily be
proper, and next laid down that Article 329 (b) of the
Constitution
762
had the effect of taking away ... Having laid down the above principles, the Court
further held that Article 329(b) of the Constitution of
India had the effect of ousting
staff-Enumerators-Objections in list-Disposal of-Efficiency
and impartiality - Emphasised.
Article 329 (b) - Electoral rolls-Preparation and
publication of-Whether part of election process ... complaints to appear before the concerned authorities to
make their contentions. Article 329 was no bar to the filing
the writ petition under Article
enforcement of the orders of, such tribunals. (3) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution ... Legislature of a State, but excluding the matters referred to in article 329 and article 329A; (g) production, procurement, supply and distribution of foodstuffs, (including
