Delimitation of constituency

Petitioner was aggrieved of delimitation of constituencies in question by Election Commission for upcoming general elections

Validity

Delimitation of constituencies, under S.20 of Elections Act, 2017, had to be made with regard to distribution of population in geographically compact areas, physical features, existing boundaries of administrative units, facility of communication and public convenience and other cognate factors to ensure homogeneity in creation of constituencies

Constituencies in question were originally proposed to be delimited through Form-5, whereafter when final list of delimitation / Form 7 was issued the proposed plan was disrupted

Final list was not in accordance with the principles of delimitation of constituencies provided in S. 20 of Elections Act, 2017

High Court set aside final delimitation of constituencies and remanded the matter to Election Commission for decision afresh

Petitions were allowed, in circumstances.

Constitutional petition was dismissed in circumstances.

Contention of petitioner was that he had objected through representation to the delimitation in question which was dismissed by the Election Commission

Validity

Election Commission while dealing with the said representation had not made reference to the objections raised therein

Matter was to be referred to the Election Commission for reconsideration of siad issues in accordance with the relevant provisions of Elections Act, 2017 and Elections Rules, 2017

Representation was to be deemed to be pending before the Election Commission to be decided in accordance with law

Constitutional petition was allowed accordingly.

Grievance of petitioner was with regard to delimitation process and Appellate Tribunal had wrongly maintained the order passed by Delimitation Officer

Validity

Grant of relief under Art. 199 of the Constitution was intended to foster administration of justice and turn down the orders which were self-evidently arbitrary, capricious and suffering from misreading of record

Where order challenged was found illegal, same could be rectified, rescinded and altered

If any order was passed in violation of law or was nullity in the eyes of law, High Court in exercise of its constitutional jurisdiction could refuse to perpetuate something which was obviously unjust and unlawful

High Court in exercise of constitutional jurisdiction set aside the order passed by Appellate Tribunal and remanded the appeal for decision afresh

Petition was allowed accordingly.