Articles 243-O and 243-ZG of the Constitution of India are not ultra vires the basic structure of the Constitution. However, the words "Notwithstanding anything in this Constitution" appearing in the aforesaid two Articles will be read down as "notwithstanding anything in this Constitution" subject, however, to Arts. 226/227 of the Constitution.

R.S.MONGIA, J.

1. This order may also be read in Civil Writ Petitions No. 1160 of 1995, 1177 of 1995, 1185 of 1995 1186 of 1995, 1193 of 1995, and 17772 of 1994.

2. In all these writ petitions the challenge is to the election of a Member to a Gram Panchayat or to a Municipal Committee. Civil Writ Petitions No. 1160 of 1995, 1177 of 1995, 1185 of 1995 and 1193 of 1995 pertain to the election to different Gram Panchayats in the State of Haryana, which were held under the provisions of Haryana Panchayati Raj Act, 1994 , read with Haryana Panchayati Raj Election Rules, 1994 (in short hereinafter referred to as the Haryana Act and the Haryana Rules respectively). Civil Writ Petition No. 17772 of 1994 pertains to election to a Gram Panchayat in the State of Punjab held under the Punjab Panchayati Raj Act, 1994, read with Punjab Panchayat Election Rules, 1994 and the provisions of the Punjab State Election Commission Act, 1994 (hereinafter referred to as the Punjab Act, Punjab Rules and Election Commission Act respectively). Civil Writ Petition No. 1186 of 1995 pertains to the election to a Municipal Committee in Haryana held under the provisions of Haryana Municipal Act and the Rules made thereunder.

3. On notice of motion having been issued a preliminary objection has been taken in almost all the cases where written-statement has been filed that no writ petition is maintainable to challenge the election to the Gram Panchayat or to the Municipal Committee in view of the bar to interference by the Courts in electoral matters created by Articles 243-O and 243-ZG of the Constitution of India. Articles 243-O and 243-ZG of the Constitution of India are in the following terms :

"243-O. Bar to interference by Courts in electoral matters - 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 243-K, shall not be called in question in any Court;

(b) no election to any Panchayat 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."

243-ZG. Notwithstanding anything in the 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 243-ZA shall not be called in question in any Court;

(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."

Further it was also pleaded that so far as any election to the Gram Panchayat in the State of Punjab is concerned, the same cannot be called in question except by an election petition in view of the provisions of Section 74 of the Election Commission Act. Section 75 of the said Act further lays down that only the Election Tribunal having jurisdiction shall have the power to adjudicate upon the election petition. Section 89 of the said Act provides the various grounds for declaring the election invalid. In support of their contention, learned counsel for the respondents in these writ petitions relied upon some judgments of this Court and the Supreme Court of India. The judgments cited are C.W.P. No. 15653, decided on September 23, 1994 (D.B.); Civil Writ Petition No. 18057 of 1994, decided on 20-12-1994 (D.B.); Civil Writ Petition No. 15691 of 1994 decided on 8-11-1994 (D.B.); Civil Writ Petition No. 9579 of 1994 decided on September 22, 1994 (D.B.); N. P. Ponnuswami V/s. The Returning Officer, AIR 1952 SC 64 and Jyoti Basu V/s. Devi Ghosal, AIR 1982 SC 983.

4. Learned counsel for the petitioner, however, contended that in none of those cases, the question of vires of Articles 243-O and 243-ZG of the Constitution of India was raised or d