Andhra Pradesh HC: Article 329 of the Constitution shall prevail over Article 226

A writ petition was filed before the High court of Andhra Pradesh seeking to countermand the polling conducted in the district of Tirupati.

It was stated that the polling conducted was fraudulent.Whereas, the Election Commission submitted that all steps had been taken to ensure fair and impartial elections.

The petition further stated that the Article 329(b) of the Constitution, which imposes a bar on Courts to hear matters related to elections, is not an absolute bar and Courts can intervene in exceptional cases.

A Division Bench of the Court consisting of Justice Joymalya Bagchi and Justice M. Ganga Rao, refused to interfere in the election process.

The Bench relied on Section 80 of the Representation of People Act, 1951 which states that no election can be questioned except by a way of an election petition.

The Bench stated that the Article 329 of the Constitution imposes a Constitutional bar on the Courts and assumes superiority over Article 226 of the Constitution.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s