P. MASTANAIAH Vs. DELIMITATION COMMISSIONER

JUDGEMENT

(1.) This is an appeal against the judgment of our learned brother, Gopalrao Ekbote, J., dismissing a Writ Petition filed by the appellant challenging a notification of the Delimitation Commission issued under Section 10 of the Delimitation Commission Act, 1962. It appears that three seats had to be reserved for the Nellore District, and the question that the Delimitation Commission had to decide was as to which of the constituencies these seats have to be allotted or assigned. Prior to the present delimitation, it is stated that Gudur, Sulurpet, and Venkatagiri each had one reserved seat for scheduled castes. This time, the Delimitation Commission instead of assigning or allotting one reserved seat to Gudur, has allotted the same to Sarvepalli, which has a general population of 1,33,140 and a scheduled castes population of 30,483 while Gudur has a general population of 1,27,566 and a scheduled castes population of 32,481.

(2.) It has not been denied that the procedure laid down under Section 9 has not been followed. The Delimitation Commission held its public sittings, heard the objections, and took into consideration the factors enumerated under Section 9 in assigning the Scheduled Castes seats to the respective constituencies. Mr. Chowdary's main contention is that our learned brother, Gopalrao Ekbote, J., was in error in holding that an order published as a notification under Section 10 (2) of the Act would have the force of law under Article 329 of the Constitution. He submits that Article 329 only gives immunity to that law which deals with allotment of seats and nothing else. The reservation of seats according to him is not an allotment of seats within the meaning of Article 329 of the Constitution. Consequently, the decision that an order of reservation of seats is not an order of allotment of seats within the meaning of Article 329 and could be called in question. In our view, it is unnecessary to go into this question because our learned brother, Gopalrao Ekbote, J., has also on merits held against the appellant.

(3.) For these reasons, we dismiss the writ appeal. Advocate's fee Rs. 100.