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Gopal Bhagat vs The State Of Bihar & Ors on 4 May, 2017 cites

Mohinder Singh Gill & Anr vs The Chiief Election Commissioner, New ... on 2 December, 1977

In Mohinder Singh's case (supra), the apex Court held that Article 329(b) of the Constitution is itself a complete bar on litigative challenges to electoral steps taken by the Election Commission and its officers for carrying forward the process of election to its culmination in the formal declaration of the result. The sole remedy to the aggrieved party, if he wants to challenge any election, is an election petition and this excludes all remedies Patna High Court CWJC No.9224 of 2016 dt.04-05-2017 22/25 including the remedy provided under Article 226 of the Constitution, as a result of the non-obstante clause. In other words, it was held that if the challenge amounts to calling the election in question, then Article 329(b) will operate. However the Apex Court held that there are certain controversies, which may not attract the wrath of Article 329(b) namely, if the Election Commission acts in breach of law or its action is arbitrary or mala fide or the Election Commission has passed an order, which instead of accomplishing and completing the process of election, may have the effect of thwarting the course of election. In both the situations, the Court may interfere inspite of ban crated by Article 329(b) of the Constitution."
Supreme Court of India Cites 56 - Cited by 4221 - V R Iyer - Full Document
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