(1.) Whether an order issued by Delimitation Commissioner under Sub-section (l) of Section 10 of the Delimitation Act and published in the Gazette under Sub-section(2) is susceptible to challenge under Article 226 in view of the specific bar contained in Article 329 (a) of the Constitution of India, is the question that has come up for consideration in this case.
(2.) Petitioner, President of the District Congress Committee, Kannur, has moved this Court under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P8 notification dated 31.05.2005 issued by the Delimitation Commission of India under the Delimitation Act and also for a declaration that the delimitation of constituencies in the State of Kerala in particular in the Kannur district is violative of Articles 14, 19 and 21 of the Constitution of India. Writ of mandamus was also sought for seeking a direction to the Delimitation Commission to consider the various objections raised by the petitioner and other people's representative including its associate members and to delimit the constituencies accordingly.
(3.) The fourth respondent in the Writ Petition raised a preliminary objection regarding the maintainability of the Writ Petition. Learned single Judge felt that the preliminary objection as well as the merits of the case could be dealt with simultaneously and directed the Election Commission and others to file their statement or counter affidavit in the Writ Petition. Election Commission is aggrieved by non consideration of the preliminary objection at the threshhold and has filed W.A.No 1495 of 2005. When the writ appeal came up for hearing we have called for the Writ Petition also for final hearing to consider the question of maintainability of the petition.
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