KISHORCHANDRA CHHANGANLAL RATHOD Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is aggrieved by the judgment dtd. 21/9/2012, passed by a Division Bench of the Gujarat High Court in terms whereof the Writ Petition, filed by the appellant, challenging the delimitation exercise, which resulted into reservation of Bardoli Legislative Assembly Constituency, Gujarat for Scheduled Caste community was dismissed. The said constituency was reserved by the Delimitation Commission in exercise of its powers under the Delimitation Act, 2002.

(3.) The High Court, vide the impugned judgment, relied upon Article 329 of the Constitution and held that there is a bar to interference by the Court in electorate matters and as such, the appellant's challenge to the Delimitation Commission's Order No. 33, dtd. 12/12/2006, which had received the assent of the President of India, could not be called in question in any court of law. In this manner, the High Court dismissed the writ petition at the threshold on the anvil of Article 329(a) of the Constitution, which states: