SATISH CHANDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and Shri Triloki Singh on behalf of the respondents.

(2.) BY this petition, petitioner has prayed for following reliefs: "(i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 10.12.2008 of the respondent No. 2 (filed as Annexure 7' to the writ petition); (ii) issue a writ, order or direction in the nature of mandamus commanding upon the respondent No. 2 to make necessary correction by de-reserving 56-Bahraich Parliamentary Constituency falling in district Gonda (Devipatan Division) and reserving 62-Sant Kabir Nagar Parliamentary Constituency falling in Basti Division."

(3.) BY the impugned order dated 10.12.2008, the Election Commission of India has refused to entertain the request of the petitioner to change the reservation of the Parliamentary Constituency 56-Bahraich into Parliamentary Constituency 62-Sant Kabir Nagar. The impugned order recites that Delimitation Commission constituted under the Delimitation Act, 2002 had reserved the Parliamentary Constituency 56-Bahraich for Scheduled Caste category. 17 Parliamentary Constituencies were reserved for Scheduled Caste out of which Parliamentary Constituency 56-Bahraich was granted SC status. The Delimitation Commission prepared a final report in respect of the U. P. which has already been notified in the Government of India Gazette as well as in the State Gazette on 18.12.2006 and date has already been fixed for giving effect to the Delimitation Commission's Order under the Delimitation Act, 2002. It has further been stated that the Delimitation Commission ceased to exist with effect from 1st day of June, 2008. The Election Commission of India observed in the order that the Election Commission is vested with power to maintain the Delimitation Commission's Order up to date however without changing the boundary/status of the assembly constituencies/parliamentary constituencies delimited by the Delimitation Commission. The writ petition in essence questions the reservation of Parliamentary Constituency 56-Bahraich. The Parliamentary Constituency 56-Bahraich has been reserved vide order of Delimitation Commission allotting the Parliamentary Constituency 56-Bahraich a reserved status in exercise of power under Articles 327 and 328 of the Constitution of India. The prayer of the petitioner further is to dereserve the Parliamentary Constituency 56-Bahraich and further reserve the Parliamentary Constituency 62-Sant Kabir Nagar for Scheduled Caste. Article 329 clearly bars adjudication of such issues by any Court. Bar under Article 329 is fully attracted and the issues raised in the writ petition cannot be adjudicated in this writ petition.