INDRAJIT BARIJA & ORS. ETC. versus ELECTION COMMLSSION OF INDIA & ORS.

INDRAJIT BARIJA & ORS. ETC. versus ELECTION COMMLSSION OF INDIA & ORS.

Writ petitions under Article 226 challenging elections to the State Legislature are barred by Article 329(b) and are not maintainable. Elections can only be challenged via election petitions as provided by the Representation of the People Act, 1951. The alleged defects in revision or validity of electoral rolls do not constitute ground for challenging elections once the rolls have been published and elections held, and the Election Commission's order dispensing with revision is valid and unchallenged.

Parties
Petitioner: Indrajit Barua; Respondent: Election Commission of India
Jurisdiction
India
Judgment Date
30 September 1985
Procedural Posture
Transferred Cases (article 139 A, Constitution of India) / Final Supreme Court Judgment
Outcome
Transferred Cases dismissed.
Legal Topics
Maintainability of Writ Petitions Challenging Elections, Electoral Rolls, Revision and Validity of Electoral Rolls, Election Petitions Under Representation of the People Act
Constitutional Law Election Law Maintainability of Writ Petitions Challenging Elections Electoral Rolls Revision and Validity of Electoral Rolls Election Petitions Under Representation of the People Act

Case Brief

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Parties

Indrajit Barua

Petitioner

Election Commission of India

Respondent

Procedural Posture

Transferred Cases (article 139 A, Constitution of India) / Final Supreme Court Judgment

Legal Issues

  1. 1 Whether writ petitions under Article 226 challenging elections to the State Legislature are maintainable
  2. 2 Whether preparation and revision of electoral rolls are part of 'election process' under Article 329(b)
  3. 3 Whether elections held on unrevised electoral rolls can be challenged

Ratio Decidendi

Writ petitions under Article 226 challenging elections to the State Legislature are barred by Article 329(b) and are not maintainable. Elections can only be challenged via election petitions as provided by the Representation of the People Act, 1951. The alleged defects in revision or validity of electoral rolls do not constitute ground for challenging elections once the rolls have been published and elections held, and the Election Commission's order dispensing with revision is valid and unchallenged.

Court Disposition

Transferred Cases dismissed.

Orders

  • Election Commission directed to carry out revision of electoral rolls in Assam in accordance with Representation of the People Act, 1950 and Electors Registration Rules, 1960, with intensive revision wherever practicable, otherwise summary or special revision as appropriate.