Article 329 of CoI : Article 329: Bar to interference by courts in electoral matters.

Explanation using Example

Example 1:

Scenario: A political party in the state of Maharashtra is unhappy with the way the constituencies have been delimited (i.e., the boundaries have been redrawn) and the number of seats allocated to each constituency. They believe that the delimitation process was unfair and biased.

Application of Article 329: Under Article 329(a), the political party cannot challenge the validity of the delimitation of constituencies or the allotment of seats in any court. This means that even if they believe the process was unfair, they cannot take the matter to court for resolution. The delimitation and seat allocation decisions made under Articles 327 and 328 are final and cannot be questioned in a judicial setting.

Example 2:

Scenario: During the general elections in India, a candidate from Uttar Pradesh loses the election and believes that there were irregularities in the voting process, such as voter fraud or tampering with electronic voting machines (EVMs). The candidate wants to challenge the election results in court.

Application of Article 329: According to Article 329(b), the candidate cannot directly approach any court to challenge the election results. Instead, they must file an election petition to the designated authority, as specified by the law made by the appropriate Legislature. This means that the candidate must follow the legal procedure for election disputes, which typically involves presenting the petition to an Election Tribunal or a similar body, rather than directly going to a regular court.

Example 3:

Scenario: A citizen of Tamil Nadu believes that the recent state legislative assembly elections were conducted unfairly and wants to file a lawsuit in the High Court to challenge the entire election process.

Application of Article 329: Under Article 329(b), the citizen cannot challenge the election process in the High Court or any other court. The only way to question the election is through an election petition presented to the appropriate authority as defined by the relevant election laws. This ensures that election disputes are handled through a specialized process rather than through general judicial intervention.

Example 4:

Scenario: A group of voters in Karnataka feels that the recent changes in the delimitation of constituencies have diluted their voting power and want to file a Public Interest Litigation (PIL) in the Supreme Court to address their concerns.

Application of Article 329: Article 329(a) bars any court from questioning the validity of laws related to the delimitation of constituencies or the allotment of seats. Therefore, the Supreme Court would not entertain the PIL regarding the delimitation changes. The voters would have to seek redress through other non-judicial means, such as lobbying their representatives or participating in the public consultation process during delimitation exercises.