ATUL KUMAR Vs. ELECTION COMMISSION OF BHARAT

JUDGEMENT

(1.) In the pre-lunch session today, after hearing the parties' counsel we had passed the following order:

(2.) We now proceed to record the reasons as under: The present writ petition has questioned the legality of election schedule notified by the Election Commission of India on 8/1/2022 insofar as it relates to the holding of general elections of U.P. State Assembly. The notification is annexed as Annexure-1 to the writ petition.

(3.) Sri O.P. Srivastava, learned Senior Counsel assisted by Sri Kaushalendra Yadav and Ms Anupriya Srivastava, learned counsel for the Election Commission of India and Sri Abhinav N. Trivedi, learned counsel for the State, have argued that the present writ petition filed by the petitioners is not maintainable; firstly for the reason that the petitioners in paragraph-3 of the writ petition are espousing a personal interest which they claim to have in the ongoing process of election and; secondly Article 329 of the Constitution of India bars the justiciability of any such cause relating to the election of a house of State Legislature under writ jurisdiction.