Bar Against Hearing Of Election Disputes By Courts U/A 329 Prevails Over High Court's Powers U/A 226 Of Constitution: Andhra Pradesh High Court
3 years, 8 months ago

Bar Against Hearing Of Election Disputes By Courts U/A 329 Prevails Over High Court's Powers U/A 226 Of Constitution: Andhra Pradesh High Court

Live Law  

In a significant ruling, the Andhra Pradesh High Court has held that the bar against hearing of election disputes by Courts under Article 329 of the Constitution shall prevail over the High Court's powers to issue writs under Article 226 of the Constitution. Refusing to interfere in the election process, the Bench observed, "Bar for entertaining an election dispute under Article 226 of the Constitution of India is not a self-imposed restriction like existence of alternate statutory remedy. The Petitioner in this case had argued that the bar under Article 329 of the Constitution of India is not an absolute one and in exceptional cases where the election process has degenerated into a travesty of democracy due to use of high-handed muscle power and inaction of the Election authorities, the Court is not powerless to intervene and issue appropriate directions to activate the authorities concerned and salvage the election process. However, the Division Bench observed that the Petitioner's argument is fallacious inasmuch as the decision of the Election Commission not to hold a re-poll is clearly a part of its "superintendence of the election process" and falls within the expression 'election' under Article 329 of the Constitution of India.

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Live Law  

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