SHIV SHANKER DUBEY Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) THE prayer of the petitioner is to quash the order dated 1-7-2000 passed by the State Election Commission, Uttar Pradesh (Respondent No. 1) deciding recounting of ballots of entire Ward No. 1, Sant Ravi Das Nagar under the supervision of the District Magistrate/district Election Officer (Panchayat), Sant Ravi Das Nagar, Observer of the Election Commission and Additional Collector/returning Officer, Sant Ravi Das Nagar.

(2.) A number of contentions were made by Sri A. Kumar, learned counsel appearing in support of the prayers made in this writ petition whereas on behalf of Respondent No. 5 Sri V. K. S. Chaudhary, learned Senior Counsel, apart from refuting those contentions contended that in view of the provision as contained in Article 243-O (b) of the Constitution of India this writ petition is not maintainable and be dismissed as such. In order to buttress this submission he placed strong reliance on a Division Bench decision of the Supreme Court in Anugrah Narain Singh v. State of U. P. , (1996) 6 SCC 303 holding Article 243-ZG as an absolute bar to entertainment of a petition under Article 226 of the Constitution of India and that Article 243-O being exactly word to word same as Article 243-ZG with an exception of use of the word 'panchayat' in place of 'municipality' and this declaration of law by the Supreme Court is binding on us. Sri B. D. Mandhyan, learned counsel appearing on behalf of the Election Commission also adopted the preliminary objection of Sri Chaudhary and relied upon on a Five Judges Bench decision of the Supreme Court in Mohinder Singh Gill v. Chief Election Commissioner, New Delhi, AIR 1978 SC 851.

(3.) ARTICLE 243-O of the Constitution of India reads thus:- "243-O. Bar to interference by Courts in electoral matters:- Notwithstanding anything in this Constitution- (a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under ARTICLE 243-K, shall not be called in question in any Court; (b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State. (Emphasis supplied)