Advocates:
['BHUWAN BHATT', 'C S C', 'NIRANJAN BHATT', 'VINAY KUMARRAJAT MITTALKAMLESH TIWARI']

IN HIGH COURT OF UTTARAKHAND

AT NAINITAL

Writ Petition No.2379 of 2021 (M/S)

Babita

..…Petitioner

Vs.

State of Uttarakhand and others

…Respondents

Advocate: Mr. Bhuwan Bhatt, Advocate for the petitioner.

Mr. T.S. Phartiyal, Addl. C.S.C. for the State of Uttarakhand.

Mr. Rajat Mittal, Advocate for respondent no.5.

Hon’ble Sharad Kumar Sharma, J.

The provisions as contained under Part 9 of the Constitution of

India, particularly in reference to Article 243 which had undergone a

Constitutional amendment made by the Constitution 73^rd Amendment Act 1992,

with effect from 24.04.1993. As a consequence thereto while dealing with the

electoral process relating to the Panchayats the Constitution has created a bar

from interference by the Court in electoral matters except for the exception

which has been carved out under Article 243 (O) of the Constitution, which is

extracted hereunder:-

“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

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