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2005 Supreme(Guj) 704

G.S.SINGHVI, P.B.MAJMUDAR
Thakore Shanabhai Gedalbhai – Appellant
Versus
STATE Election Commission – Respondent


Advocates Appeared: Ashim Pandya, HRIDAY BUCH, N.V.Anjaria, S.N.SHELAT, S.P.HASURKAR, VIJAY PATEL, Y.N.OZA

G. S. SINGHVI, J.

( 1 ) ELECTION is the essence of political democracy. It gives the people right to choose their representatives after a specified interval. Therefore, expeditious holding of elections is absolutely imperative. In order to ensure that the process of election is not impeded by interlocutory judicial interventions, the founding fathers of the constitution incorporated Art. 329 in Part xv of the Constitution and enacted bar to interference by Courts in electoral matters. That article reads as under:"329. Bar to interference by courts in electoral matters. Notwithstanding anything contained 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 Article 328, shall not be called in question in any court; (b) no election to either House of parliament or to the House of the legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate legislature. "

( 2 ) WHEN part IX and IX-A were inserted in the Const



































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