LAWS(APH)-2008-5-17

V VENUGOPAL REDDY Vs. UNION OF INDIA

Decided On May 02, 2008
V.VENUGOPAL REDDY Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) AS the question of law that arises for consideration in all these writ petitions is the same, they are being disposed of by a common order.

(2.) THESE petitions are filed inter alia challenging the final notification dated 31. 5. 2007 issued by the Delimitation commission of India fixing and dividing the territorial Assembly and Parliamentary constituencies in the State of Andhra pradesh in pursuance of Sections 8 and 4 of the Delimitation Act, 2002 as amended by the Delimitation (Amendment) Act, 2004 (the Act ). In some of the writ petitions the constitutional validity of Article 329 (a) of the Constitution of India and Section 10 (2)of the Act also is challenged on the ground that they violate the basic structure of the constitution of India i. e. taking away the power of judicial review.

(3.) AS preliminary objection relating to the maintainability of these writ petitions is raised by Sri Mohan Parasaran, Additional solicitor General of India appearing on behalf of the Union of India and also by sri B. Prakash Reddy, Senior Advocate appearing on behalf of the Election commission of India and as they made a request to the Court to give a finding about the maintainability of the writ petitions in view of the bar contained in Article 329 (a)of the Constitution, question relating to the maintainability of these writ petitions is taken up for consideration, and contentions of the Counsel for petitioners and the respondents were heard on that point at length.