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Article 329(b) of the Indian Constitution
June 1 , 2024
30 days
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- A candidate from Tamil Nadu has filed a petition against the rejection of his nomination on the ground that a government employee could contest in elections only after resignation.
- The High Court refrained from deciding the case on merits.
- Article 329(b) of the Constitution prohibits judicial intervention in the working of the commission in the middle of the election process.
- On January 21, 1952, the Supreme Court had analysed Article 329 threadbare to conclude that neither the High Courts nor the Supreme Court could invoke their writ jurisdiction to interfere with a nomination rejection order.
- Section 100 of the Representation of the People Act (RPA), 1951 lists out improper rejection of a nomination as one of the grounds for declaring an election to be void.
- The right to contest elections was not a civil right but only a creature of a statute or a special law.
- Such a right must be subject to the limitations imposed under the law.
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