- (1.) HEARD learned counsel for the petitioner and Shri Triloki Singh on behalf of the respondents.
(2.) BY this petition, petitioner has prayed for following reliefs: "(i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 10.12.2008 of the respondent No. 2 (filed as Annexure 7' to the writ petition); (ii) issue a writ, order or direction in the nature of mandamus commanding upon the respondent No. 2 to make necessary correction by de-reserving 56-Bahraich Parliamentary Constituency falling in district Gonda (Devipatan Division) and reserving 62-Sant Kabir Nagar Parliamentary Constituency falling in Basti Division." Article 329 of the Constitution creates a bar for entertaining electoral matters. Article 329 is to the following effect: "329.........Notwithstanding anything in this Constitution.... (a) the validity of any law relating to the delimitation of constituencies, or the allotment of seats to such constituencies, made or purporting to be made under Article 327 or Article 328, shall not be called in question in any Court; (b) no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature." The bar which has been created under Article 329 is not against only the validity of any law regarding delimitation of constituencies, but also against allotment of seats to such constituencies made or purporting to be made under Articles 327 and 328.
(3.) BY the impugned order dated 10.12.2008, the Election Commission of India has refused to entertain the request of the petitioner to change the reservation of the Parliamentary Constituency 56-Bahraich into Parliamentary Constituency 62-Sant Kabir Nagar. The impugned order recites that Delimitation Commission constituted under the Delimitation Act, 2002 had reserved the Parliamentary Constituency 56-Bahraich for Scheduled Caste category. 17 Parliamentary Constituencies were reserved for Scheduled Caste out of which Parliamentary Constituency 56-Bahraich was granted SC status. The Delimitation Commission prepared a final report in respect of the U. P. which has already been notified in the Government of India Gazette as well as in the State Gazette on 18.12.2006 and date has already been fixed for giving effect to the Delimitation Commission's Order under the Delimitation Act, 2002. It has further been stated that the Delimitation Commission ceased to exist with effect from 1st day of June, 2008. The Election Commission of India observed in the order that the Election Commission is vested with power to maintain the Delimitation Commission's Order up to date however without changing the boundary/status of the assembly constituencies/parliamentary constituencies delimited by the Delimitation Commission. The writ petition in essence questions the reservation of Parliamentary Constituency 56-Bahraich. The Parliamentary Constituency 56-Bahraich has been reserved vide order of Delimitation Commission allotting the Parliamentary Constituency 56-Bahraich a reserved status in exercise of power under Articles 327 and 328 of the Constitution of India. The prayer of the petitioner further is to dereserve the Parliamentary Constituency 56-Bahraich and further reserve the Parliamentary Constituency 62-Sant Kabir Nagar for Scheduled Caste. Article 329 clearly bars adjudication of such issues by any Court. Bar under Article 329 is fully attracted and the issues raised in the writ petition cannot be adjudicated in this writ petition. Learned counsel for the petitioner sought to challenge the order on the ground that the figures pertaining to population has wrongly been considered which mistake has not been corrected in spite of the same being pointed out to the Election Commission. We are of the view that allotment of constituency 56-Bahraich as a SC constituency cannot be challenged in this writ petition and bar under Article 329 comes into play.;