Kishorchandra Chhanganlal Rathod vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 641

SURYA KANT, UJJAL BHUYAN
Kishorchandra Chhanganlal Rathod – Appellant
Versus
Union of India – Respondent

Advocates appeared:
For the Petitioner(s): Ms. Pratibha Jain, AOR
For the Respondent(s): Mr. R Venkatramani, Attorney General for India Mr. Tushar Mehta, Solicitor General Mr. K M Natraj, A.S.G. Mr. Kanu Agarwal, Adv. Ms. Swati Ghildiyal, Adv. Ms. Bani Dikshit, Adv. Mr. Kartikay Aggarwal, Adv. Mr. Abhishek Kumar Pandey, Adv. Mr. Raman Yadav, Adv. Mr. Mukesh Kumar Singh, Adv. Ms. Ameyavikrama Thanvi, Adv. Mr. Chitvan Sinhal, Adv. Mr. Arvind Kumar Sharma, AOR Mr. Sahil Tagotra, AOR Mr. Sidhant Kumar, Adv. Ms. Manyaa Chandok, Adv.

ORDER

1. Leave granted.

2. The appellant is aggrieved by the judgment dated 21.09.2012, passed by a Division Bench of the Gujarat High Court in terms whereof the Writ Petition, filed by the appellant, challenging the delimitation exercise, which resulted into reservation of Bardoli Legislative Assembly Constituency, Gujarat for Scheduled Caste community was dismissed. The said constituency was reserved by the Delimitation Commission in exercise of its powers under the Delimitation Act, 2002.

3. The High Court, vide the impugned judgment, relied upon Article 329 of the Constitution and held that there is a bar to interference by the Court in electorate matters and as such, the appellant’s challenge to the Delimitation Commission’s Order No. 33, dated 12.12.2006, which had received the assent of the President of India, could not be called in question in any court of law. In this manner, the High Court dismissed the writ petition at the threshold on the anvil of Article 329(a) of the Constitution, which states:

(a) the validity of any law relating to the delimitation of constituencies

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2024 Supreme(SC) 641

SURYA KANT, UJJAL BHUYANKishorchandra Chhanganlal Rathod – AppellantVersusUnion of India – Respondent

Cases Referred (3)

SURYA KANT, UJJAL BHUYAN
Kishorchandra Chhanganlal Rathod – Appellant
Versus
Union of India – Respondent