AI Overview...
Challenging Orders of Delimitation Commissioners under Article 226 of the Constitution
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Article 226 and its scope: The courts have generally held that orders issued by the Delimitation Commission or Commissioner are not directly challengeable under Article 226 of the Constitution, especially when the delimitation process falls within the constitutional and statutory framework (e.g., Sections 8, 9, 10 of the Delimitation Act, 2002). For instance, in The Chief Electoral Officer And Secretary to Government VS Sunny Joseph - Kerala, it was observed that the delimitation order's validity is upheld and that challenge under Article 226 is barred due to constitutional protections under Article 329(a).
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Constitutional provisions and limitations:
- Article 329(a): Provides a statutory bar on courts intervening in delimitation and electoral matters post-notification, emphasizing the independence of the Delimitation Commission and the finality of its orders (The Chief Electoral Officer And Secretary to Government VS Sunny Joseph - Kerala, Bhupendra Pratap Singh Rathore VS State of Rajasthan - Rajasthan, Bhupendra Pratap Singh Rathore VS State of Raj. - Current Civil Cases).
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Article 243-ZA & 243-C: Challenges to delimitation in Panchayat and municipal areas are generally barred from judicial review under Article 226, unless the order is arbitrary or unreasonable, which is a high threshold (PRAHLAD DAS VS STATE OF M. P. - Madhya Pradesh, Bhupendra Pratap Singh Rathore VS State of Raj. - Current Civil Cases).
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Judicial exceptions and challenges:
- Challenges based on inaccuracy of population figures or violation of population ratio criteria have been considered, but courts often hold that unless the delimitation order is arbitrary or unreasonable, such challenges are not entertainable under Article 226 (G. D. Sharma VS Election Commissioner Of India - Jammu and Kashmir, Chirayinkeezhu A. Babu VS Delimitation Commission - Kerala).
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In some cases, courts have acknowledged that challenges before the election process begins might be permissible, but post-notification challenges are generally barred (The Chief Electoral Officer And Secretary to Government VS Sunny Joseph - Kerala, Bhupendra Pratap Singh Rathore VS State of Rajasthan - Rajasthan).
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Legal principles and case law:
- The Supreme Court and High Courts have consistently emphasized the finality of delimitation orders issued by the Delimitation Commission, citing constitutional protections and statutory provisions (CHANDRA MANI PRASAD VS UNION OF INDIA - Allahabad, Thakore Shanabhai Gedalbhai VS STATE Election Commission - Gujarat).
- The bar under Article 329(a) is considered a great Wall of China, making judicial review in electoral delimitation cases very limited, especially after the process has been completed (The Chief Electoral Officer And Secretary to Government VS Sunny Joseph - Kerala, Bhupendra Pratap Singh Rathore VS State of Raj. - Current Civil Cases).
Analysis and Conclusion: While theoretically, Article 226 of the Constitution provides a remedy for the enforcement of fundamental rights, its application to challenges against delimitation orders is restricted by constitutional provisions (notably Article 329(a)) and statutory framework (Delimitation Act, 2002). Courts have generally held that delimitation orders are not amenable to challenge under Article 226 once issued, unless they are arbitrary, unreasonable, or violate constitutional mandates. The finality of delimitation orders is reinforced by constitutional protections, making judicial review limited in these matters.
References: - The Chief Electoral Officer And Secretary to Government VS Sunny Joseph - Kerala, Bhupendra Pratap Singh Rathore VS State of Rajasthan - Rajasthan, Bhupendra Pratap Singh Rathore VS State of Raj. - Current Civil Cases, Chirayinkeezhu A. Babu VS Delimitation Commission - Kerala, G. D. Sharma VS Election Commissioner Of India - Jammu and Kashmir, CHANDRA MANI PRASAD VS UNION OF INDIA - Allahabad, Thakore Shanabhai Gedalbhai VS STATE Election Commission - Gujarat, PRAHLAD DAS VS STATE OF M. P. - Madhya Pradesh
Search Results for "Can under Art 226 of the Constitution an Order of Delimitation Commissioner be Challenged"
2005 0 Supreme(Ker) 569 • India - Kerala
RAJEEV GUPTA, K.S.RADHAKRISHNAN
issued by Delimitation Commissioner under sub-s.(1) of S.10 of the Delimitation Act and published in the Gazette under sub-s.(2) ... Delimitation Act 2002 - Sections 10(1) & (2) - Constitution of India, 1950 - Article 226 - Whether an order ... specific bar contained under Art.329(a) of the Constitution - Preliminary objection is therefore upheld and W.P.C. would stand dismissed ... ... Whether an order issued by Delimita....
2014 0 Supreme(Raj) 498 • India - Rajasthan
AJAY RASTOGI, J.K.RANKA
notification cannot be entertained by this court u/Art.226 of Constitution and objection and contentions canvassed by petitioners ... – Section 9, 10 , 101 and 117 - Delimitation Act, 1950 - Sections 8 , 9 , 2(kk), 11F and 12-BB - Constitution/reconstitution/delimitation ... of Panchayat areas – Challenged - Present purpose and for disposal of instant bunch of writ petitions are that process of delimitation ... /delimitation o....
1994 0 Supreme(MP) 890 • India - Madhya Pradesh
T.S.DOABIA
They also challenged the delimitation of wards, arguing that the population figures used were inaccurate. ... The delimitation of wards was not arbitrary or unreasonable. ... under Art. 243-ZA of the Constitution of India. ... ... ( 24 ) THUS bar of Art. 243-ZA may not stand as a "great Wall of China" and an order of Commission when this pertains to a process before the commencement of the election be open to challenge but delimitation of constituen....
1998 0 Supreme(P&H) 748 • India - Punjab and Haryana
R.S.MONGIA, SAT PAL, S.S.SUDHALKAR
"notwithstanding anything in this Constitution" subject, however, to Arts. 226/227 of the Constitution. ... be read down as "notwithstanding anything in this Constitution" subject, however, to Arts. 226/227 of the Constitution. ... Final Decision: The Court held that the election of the Panchayat/Municipality could be challenged directly before the High ... Art. 226 or of the Supreme Court under Art. 136 of the #H....
1977 0 Supreme(J&K) 46 • India - Jammu and Kashmir
A.S.ANAND, I.K.KOTWAL
three members, including the Chief Election Commissioner. 2. ... three members, including the Chief Election Commissioner. 2. ... The Court held that the petitioner's challenge to the Delimitation Order on the ground that it violated the population ratio criteria ... Sharma that the notification issued by the Governor in pursuance of the unconstitutional delimitation of constituencies can be challenged only by means of a writ petition. We cannot agree. ... Kapur, Reti....
• India - Current Civil Cases
AJAY RASTOGI, J.K.RANKA
-O — Panchayat areas — Constitution, Reconstitution & Delimitation of — HELD — Prohibiting courts to entertain challenge in view ... of Article 243-C, K & O — Pertaining to constitution, reconstitution, delimitation of Panchayat areas under gazette notification ... cannot be entertained by this court under Article 226 of the Constitution. ... be challenged nor the court can entertain such challenge and in view of the law declared by....
2010 0 Supreme(Ker) 152 • India - Kerala
T.R.RAMACHANDRAN NAIR
, has force of law - Whether said order can be challenged under Art.329(a) and can be questioned in Writ Petition under Art.226 of ... because of order under S.10(1) - Whether Consolidated Order Delimitation of Parliamentary and Assembly Constituencies Order, 2008 ... Constitution of India, 1950 - Articles 329(a), 226 - Delimitation Act, 2002 - Section 10(1) - Whether S.10 ... The Returning Office....
2005 0 Supreme(Guj) 704 • India - Gujarat
G.S.SINGHVI, P.B.MAJMUDAR
bar to interference by Courts in electoral matters - Held, Petition filed under Article 226 of the Constitution involving challenge ... judicial interventions, the founding fathers of the constitution incorporated Art. 329 in Part xv of the Constitution and enacted ... Constitution by the Constitution Act, 1992 - Gujarat Panchayats Act - Section 31 - Election Case - Expeditious ... of seals to the constituencies could have been challenged#H....
2000 0 Supreme(Ker) 350 • India - Kerala
K.A.MOHAMMED SHAFI, K.NARAYANA KURUP
passed by District Collector de-limiting constituencies - Connection it is useful to refer following observations made by Constitution ... Constitution of India, Arts.226 & 243(o) - Election - Connection- Powers - Dispute highlighted in batch ... , Power conferred is an absolute power - Power is conceded to Election Commission it would be open to him to interfere with any order ... Delimitation Commission (AIR 1967 SC 669) wherein it was held that an order made by the Delimination Comm....
2017 0 Supreme(All) 128 • India - Allahabad
V.K.SHUKLA, SANGEETA CHANDRA
of India in exercise of its powers under Articles 324 and 327 of Constitution. ... process—Delimitation of constituencies—Orders under Sections 8 and 9 and their publication under Section 10 (1) —Legal effect—Election ... exercise could be made before 2026 as per Articles 82 and 332 of Constitution—since Ordinance dated 27 September 2013 had lapsed ... The Hon’ble Supreme Court with respect to the delimitation specifically has in the case of Meghraj Kothari v. Delimitation Commissioner....
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