VidhiSangh

Supreme Court of India · 23/07/2024

KISHORCHANDRA CHHANGANLAL RATHOD versus UNION OF INDIA & ORS.

[2024] 7 S.C.R. 1124 · 2024 INSC 579

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Summary

The Supreme Court held that Article 329(a) of the Constitution does not wholly bar judicial review of orders of the Delimitation Commission, and set aside the High Court's finding to that effect, but declined to interfere with the 2006 delimitation and reservation of the Bardoli Assembly Constituency given the passage of time and subsequent events.

Issues

  1. Whether Article 329(a) of the Constitution places a complete bar on judicial review under Article 226 of an order of the Delimitation Commission made under the Delimitation Act, 2002.
  2. Whether the reservation of the Bardoli Legislative Assembly Constituency for Scheduled Castes in the 2006 delimitation exercise called for interference.

Provisions considered

Held

Result

Appeal partly allowed; the High Court's finding that the delimitation order could not be challenged was set aside; appellant left free to approach the High Court in light of subsequent events; no interference with the 2006 delimitation and reservation.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 1124.