Last instance body dealing with electoral disputes
India
HANDBOOK FOR CANDIDATES 2009
(At Elections where Electronic Voting Machinesare used)
CHAPTER – XIX MISCELLANEOUS
11. BAR TO INTERFERENCE BY COURTS IN ELECTORALMATTERS
11.1 For your convenience, relevant provisionsrelating to bar to interference by Courts in electoral matters contained in theConstitution of India are reproduced below:
“329. Bar to interference by Courts in electoralmatters
Notwithstanding anything in this Constitution,
(a) the validity of any law relating to thedelimitation of constituencies or the allotment of seats to suchconstituencies, made or purporting to be made under article 327 or article 328,shall not be called in question in any Court;
(b) no election to either House of Parliament orto the House or either House of the Legislature of a State shall be called inquestion except by an election petition presented to such authority and in suchmanner as may be provided for by or under any law made by the appropriateLegislature.”
11.2 The Supreme Court has held in a catena ofdecisions that the term ‘election’ used in the above quoted Article 329 (b) ofthe Constitution connotes the entire electoral process commencing with theissue of the notification calling the election and culminating in thedeclaration of result of election (See N.P. Ponnuswami Vs. Returning Officer,Namakkal and others (AIR 1952 SC 64), Mohinder Singh Gill Vs. Chief ElectionCommissioner and others (AIR 1978 SC 851). Lakshmi Charan Sen and others Vs.Union of India and others (AIR
1985 SC 1233) Election Commission Vs. Shivaji(AIR 1988 SC 61), etc. All Courts are peremptorily barred under Article 329 (b)of the Constitution to interfere with, or interdict, the electoral process atany intermediary stage.
11.3 All doubts and disputes relating to anelection can be raised only in an\ election petition presented to the HighCourt of the State/Union Territory concerned after the election is over inaccordance with the provisions of Part VI of the Representation of the PeopleAct, 1951 and in no other manner.
Source:
http://eci.nic.in/eci_main/ElectoralLaws/HandBooks/Handbook_for_Candidates.pdf
Representation of the People Act, 1951
Article 116A
Appeals to Supreme Court.—(1) Notwithstandinganything contained in any other law for the time being in force, an appealshall lie to the Supreme Court on any question (whether of law or fact) fromevery order made by a High Court under section 98 or section 99
Source:
