MEGHRAJ KOTHARI versus DELIMITATION COMMISSION & ORS.

MEGHRAJ KOTHARI versus DELIMITATION COMMISSION & ORS.

The orders of the Delimitation Commission determining the reservation and delimitation of constituencies under ss. 8 and 9, when published under s. 10(1) of the Delimitation Commission Act, 1962, have the force of law and are immune from challenge in any court by virtue of Article 329(a) of the Constitution. Accordingly, the notification reserving Ujjain City for Scheduled Castes cannot be questioned in court, and the High Court correctly dismissed the writ petition.

Parties
Appellant: Meghraj Kothari; Respondent No. 1: Delimitation Commission; Respondent No. 2: Chairman, Delimitation Commission; Respondents Nos. 3 & 4: Members, Delimitation Commission; Respondent No. 5: Respondent No. 5
Jurisdiction
India
Judgment Date
20 September 1966
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order of Madhya Pradesh High Court
Outcome
Appeal dismissed with costs.
Legal Topics
Delimitation of Constituencies, Judicial Review, Election Procedures, Reservation of Constituencies
Constitutional Law Election Law Delimitation of Constituencies Judicial Review Election Procedures Reservation of Constituencies

Case Brief

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Parties

Meghraj Kothari

Appellant

Delimitation Commission

Respondent No. 1

Chairman, Delimitation Commission

Respondent No. 2

Members, Delimitation Commission

Respondents Nos. 3 & 4

Respondent No. 5

Respondent No. 5

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order of Madhya Pradesh High Court

Legal Issues

  1. 1 Whether a notification under s. 10(1) of the Delimitation Commission Act, 1962, is 'law' within the meaning of Article 329(a) of the Constitution and thus immune from judicial review.
  2. 2 Whether the impugned notification reserving Ujjain City for Scheduled Castes can be questioned in court.

Ratio Decidendi

The orders of the Delimitation Commission determining the reservation and delimitation of constituencies under ss. 8 and 9, when published under s. 10(1) of the Delimitation Commission Act, 1962, have the force of law and are immune from challenge in any court by virtue of Article 329(a) of the Constitution. Accordingly, the notification reserving Ujjain City for Scheduled Castes cannot be questioned in court, and the High Court correctly dismissed the writ petition.

Court Disposition

Appeal dismissed with costs.

Orders

  • Petition dismissed; notification upheld; no further trial on merits.