MEGHRAJ KOTHARI Vs. DELIMITATION COMMISSION

JUDGEMENT

(1.) This is an appeal by special leave from a judgment and order dated February 20, 1965 of the Madhya Pradesh High Court at Jabalpur in Miscellaneous Petition No. 72 of 1965. The High Court summarily dismissed the petition under Art. 228 of the Constitution praying for a writ of certiorari for quashing a notification issued in pursuance of sub-s. (1) of S. 10 of the Delimitation Commission Act 1962 in respect of the delimitation of certain Parliamentary and Assembly constituencies in the State of Madhya Pradesh. The petition was rejected on the short ground that under Art. 329 (a) of the Constitution the said notification could not be questioned in any Court. Article 329 - which is relevant for our purpose - reads:

(2.) Before us it was contended that the notification referred to is not law and secondly it was not made under Art. 327 of the Constitution.

(3.) The facts are shortly as follows:The petitioner is a resident of Ujjain and a citizen of India. He had been a voter in all the previous general elections and still claims to he a voter in Daulatganj, Ward No. 5 in the Electoral Roll of Ujjain. He claims to have a right to contest the election to any Assembly or Parliamentary constituency in the State of Madhya Pradesh. The impugned notification which was published in the Gazette of India Extraordinary on July 24, 1964 shows Ujjain as a constituency reserved for the scheduled castes.:It was made in pursuance of sub-s. (1) to S. 10 of the Delimitation Commission Act, 1962 and recites that proposals of the Delimitation Commission for the delimitation of Parliamentary and Assembly constituencies in the State of Madhya Pradesh had been published on October 15, 1963 in the Gazette of India and in the official gazette of the State of Madhya Pradesh and that after considering all objections and suggestions the Commission determined that the territorial constituencies into which the State of Madhya Pradesh shall be divided for the purpose of elections to the House of the People and the extent of each such constituency shall be as shown in Table A.