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
therefore, be subject to Article 327 of the Constitution. Article 327 deals with a special subject "elections" unlike Article 245 which is general ... which Parliament can enact law under Article 327 of the Constitution. Clause (b) of Article 329 lays down that no election to either House
Coimbatore Jewellery Manufacturers ... vs The Chief Election Commissioner Of ... on 5 April, 2019
Equivalent citations
delimitations under Article 327 and could not be questioned in any Court because of the express provisions of Article 329(a). Having considered the aforesaid ... India it is to be treated a law made under Article 327 , Article 329 would prevent any investigation by any Court of law. However
this Court:-
Firstly, that both Section 80 of the Act, and Article 329(b) of
the Constitution of India clearly stipulate that the only remedy ... petitioner
under Section 80 of the Act, and under Article 329
elections, the writ petition is not maintainable, as in terms of Article 329(b) of the Constitution, no election to the either House of Parliament ... used as a ground to call the election in question. Article 329(b) was apparently enacted to describe the manner in which and the stage
file election petition. He further submits that as per Article 329(b) of the Constitution of India, no election either to the Parliament ... exercise of our extraordinary jurisdiction under Article 226 of the Constitution, overlooking the clear bar mandated by Article 329(b) of the Constitution of India
favour by the President of India, for the purpose of Article 329 of the Constitution of India and there being no concluded contract as between ... Union of India (supra); the power cannot also be attributed to Article 329 particularly as there was no concluded contract in terms of provisions
action done under
the notification issued by the Delimitation Commission. Article 329(b) , he would
contend, is inapplicable for the reason that it envisages ... fact that the said judicial review is barred by Article 329(a) of the
Constitution. Article 329(a) reads as follows:
"329
Gandhi v. Raj Narain judgment,
reported in 1975 Supp SCC 1, Article 329-A sub-clauses (4) and
(5) were struck down by a Constitution ... said Article. Chandrachud, J., was a little more
explicit in that he expressly referred to Article 14 and stated
that Article 329
