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1970 Supreme(Ker) 120

P.T.RAMAN NAYAR, K.K.MATHEW, M.U.ISAAC
AMARAVILA KRISHNAN NAIR – Appellant
Versus
ELECTION COMMISSIONER OF INDIA – Respondent


Judgment :-

1. We dismissed this petition brought under Art.226 of the Constitution on the 20th of this month. We did not then give our reasons, but promised to give them later. That we now proceed to do.

2. Speaking for myself, I should think that this petition does not lie in view of Art.329 of the Constitution. That article which is headed. "Bar to interference by courts in electoral matters" says:

"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 Art.327 or Art.328, shall not be called in question in any court;

(b) no election to either House of Parliament or to the House or either 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."

3. It seems to me and I would have said this with greater assurance but for that it has not been so put at the bar, largely, I apprehend, because it has not been so put before, and that my learned brethren seem to think that the ma














































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