Mrs. Sangeeta Chandra, J. - (1.) The dispute in this bunch of writ petitions relates to validity of the notification issued by the Election Commission of India-respondent No. 2 dated 13th January, 2014 and the Press Note dated 4th January, 2017 with regard to the reservation of Assembly Constituency No. 402 Obra and Assembly Constituency No. 403 Dudhi, both in District Sonbhadra for Scheduled Tribes and a prayer has been made for issuance of a mandamus to treat the aforesaid seats as before the notification dated 13th January, 2014 with Obra as unreserved and Dudhi as reserved for Scheduled Castes only. The petitioners allege that they are engaged in active politics and were thinking of contesting the election from these Assembly Constituencies so announced for Uttar Pradesh Vidhan Sabha on 4th January, 2017, but due to the declaration of these two constituencies as reserved for Scheduled Tribes, their nominations for election shall not be entertained and they will be illegally and arbitrarily deprived of exercise of their statutory right for contesting the elections under the Representation of People Act, 1950. The writ petitions have been opposed by respondents and preliminary objection has been raised as to the maintainability of the writ petitions on the ground that there is a specific Constitutional bar under Article 329 of the Constitution of India, which provides that notwithstanding anything in the Constitution, the validity of any law relating to the de-limitation of constituency or allotment of seats to such constituency, made or purporting to be made under Article 327 or 328 shall not be called in question in any Court and no election, either to the House of Parliament or to the Houses of Legislatures of a State, can be called in question except by way of an election petition presented to such an authority and in such manner as may be provided for, by or under any law made by the appropriate legislature.
(2.) The challenge to the validity of the notifications issued by the Election Commission of India dated 13th January, 2014 and 4th January, 2017 would fall for consideration only if Article 329 is held not to be a bar for this Court to exercise its jurisdiction under Article 226 from considering such a challenge.
(3.) The election process for holding election to the Legislative Assembly of the State of U.P. (Vidhan Sabha) have been announced vide notification issued in this regard. The Election Schedule has been announced by the Election Commission of India on 4th January, 2017. The elections for the State of U.P. are to be held in seven phases and as per the Schedule, election for the Assembly seats for district Sonbhadra shall be held in the 7th phase with the filing of nominations on 9th February, 2017 and date of withdrawal of candidature on 20th February, 2017.;