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2006 Supreme(SC) 241

TARUN CHATTERJEE, B.N.SRIKRISHNA
GURDEEP SINGH DHILLON – Appellant
Versus
SATPAL – Respondent


ORDER

1. At the request of the learned counsel appearing for the petitioner, the names of Respondents 18 to 20 (both inclusive) are hereby deleted from the array of parties.

2. Leave granted.

3. We have heard the learned counsel appearing for the parties.

4. The only issue involved in this appeal is whether the High Court could have entertained a writ petition filed under Articles 226/227 of the Constitution of India to interfere with an election to a Municipal Council. The answer unhesitatingly is in the negative in view of the specific bar under Article 243-ZG(b) of the Constitution of India which provides as follows:

"243-ZG. Bar to interference by courts in electoral matters-Notwithstanding anything in this Constitution,-

(a) * * *

(b) no election to any municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the legislature of a State."

5. There is no dispute that the writ petition was moved only to challenge the election of the appellant to Municipal Council, Ferozepur City. Instead of challenging the said election by an election petition under Section 74 of the Punjab State


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