The relief sought in a Public Interest Litigation cannot be directed without challenging the vires of the relevant legal provisions.

ORDER :

J.K. MAHESHWARI, J.

1. This petition is in the nature of Public Interest Litigation has been filed asking following relief:-

“(i) Issue a writ in the nature of mandamus, or any other writ, order or direction, commanding the Respondents more particularly Respondent No. 6, i.e., Election Commission of India to hold assemble elections in the State of Sikkim according to the seat distribution system as envisaged under Article 371-F of the Constitution of India and Section 7A of the Representation of the People Act, 1950.”

2. It has been brought to the notice of this Court that the Central Government by virtue of the Amendment Act No. 08 of 1980 w.e.f. 01.09.1979 inserted an amendment by Section 7(1A) of the Representation of People Act. The said change of percentage of reservation to constituencies is contrary to the laws which were in force immediately before the appointed date in the territories comprise in the State of Sikkim as specified in Article 371F of the Constitution of India by 36th amendment brought w.e.f 26.04.1975 and Section 7 A of the Representation of People Act. In our opinion without challenging the vires of Section 7 (1A) of the amended Representation of People Act the relief aforementioned, as prayed for, cannot be directed. At this stage petitioner-in-person seeks liberty to take recourse of law as permissible.

3. In view of foregoing, we dispose of this petition with an observation that the petitioner may take recourse challenging the vires of the provision of Representation of the People Amendment Act, 1980.

4. Accordingly, this Public Interest Litigation stands disposed of in view of the foregoing observations.