objection regarding
maintainability of the present writ petition and submits that Article
329 of the Constitution of India puts bar on the interference ... Others reported in (2004)
7 SCC 492 and submits that Article 329(b) of the Constitution of
India read with the provisions
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:12.03.2020 12:36
Article 329 of the Constitution of India to be read with Sections ... that the relief sought by the appellants
is under Article 324 and not under Article 329 of the Constitution of India,
therefore, Election Petition will
preliminary objection raised as to its maintainability.
11. Article 329 of the Constitution of India reads as under:
"329. Bar to interference by courts ... writs under article 226 of the
Constitution. This argument however is completely shut
out by reading the Act along with article 329 (b). It will
issued, the same would amount to re-writing the provisions of Article 329(b) of the Constitution of India for the reason that election petition ... People Act, 1951 as in terms of the mandate contained in Article 329(b) of the Constitution of India, validity of an election to either
Mohinder Singh Gill 's case
(supra), wherein the Bench considered Article 329 of the Constitution
pertaining to the elections to the Legislative Assembly ... considered by the Bench was: Whether Article 226 is covered by
the embargo contained in Article 329(b) putting restriction on all manner of
question
under the Representation of the People Act,
1951 as envisaged under Article 329 of the Constitution, may be called for.
Here, we are concerned only ... Legislature of a State"
and therefore the provisions of Article 329(b) of the Constitution came into
play. Article 329(b) imposes
Article 243-O of the Constitution and Section 140 of the Act are pari materia to the provision contained in Article 329 ... election and not merely the conclusion or culmination.
19. Article 329(b) of the Constitution provides, inter alia, that no election shall be called
jurisdiction under Article 226 of the Constitution of India in view of specific bar as per provisions of Article 329(b) of the Constitution ... writs under Article 226 of the Constitution. This argument, however, is completely shut out by reading the Act along with Article 329. It will
only six articles in this Part opening with Article 324. The penultimate Article in the chapter, as it stands, is Article 329 which puts ... subject to the provisions' of the Constitution which include Article 324 and Article 329. Since the conduct of all elections to the various legislative
misconception of the word 'election' found in Article 329(b) of the Constitution. He states that Part XV of the Constitution of India ... Article 329 deals with elections. It is a self-contained Code relating to the elections; and under Article 329(b) of the Constitution, an election
