Judgment

MITTER, J. : This is an appeal by special leave from a judgment and order dated February 20, 1965 of the Madhya Pradesh High Court at Jabalpur in Miscellaneous Petition No. 72 of 1965. The High Court summarily dismissed the petition under Art. 228 of the Constitution praying for a writ of certiorari for quashing a notification issued in pursuance of sub-s. (1) of S. 10 of the Delimitation Commission Act 1962 in respect of the delimitation of certain Parliamentary and Assembly constituencies in the State of Madhya Pradesh. The petition was rejected on the short ground that under Art. 329 (a) of the Constitution the said notification could not be questioned in any Court. Article 329 - which is relevant for our purpose - reads :

"Notwithstanding anything in this Constitution

(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under Article 327 or Art. 328, shall not be called in question in any Court;"

2. Before us it was contended that the notification referred to is not law and secondly it was not made under Art. 327 of the Constitution.

3. The facts are shortly as follows: The