Article 329: Bar to interference by courts in electoral matters

Leading cases

• N.P. Ponnuswami v. Returning Officer, Namakkal Constituency (1952)Article 329(b) bars a High Court from entertaining a writ petition under Article 226 against the rejection of a nomination paper during an election; the only remedy is an election petition after the election.
• Mohinder Singh Gill v. Chief Election Commissioner (1977)The Court held that a writ petition under Article 226 challenging the Election Commission's cancellation of a poll and order for a fresh poll was barred by Article 329(b), leaving every relief to be sought in an election petition.

Questions on this article

12 questions in 16 of our papers cite Article 329. Try these from the free papers:

1. 1. Match List I (Article) with List II (subject): List I A. Article 324 B. Article 325 C. Article 326 D. Article 329 List II 1. Bar to interference by courts in electoral matters 2. Elections to the House of the People and State Legislative Assemblies on the basis of adult suffrage 3. Superintendence, direction and control of elections vested in an Election Commission 4. No person ineligible for inclusion in a general electoral roll on grounds of religion, race, caste or sex Select the correct code:

   A.A-3, B-4, C-1, D-2B.A-3, B-4, C-2, D-1C.A-3, B-2, C-4, D-1D.A-4, B-3, C-2, D-1
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2. 2. During an election to a State Legislative Assembly, the Returning Officer rejects X's nomination paper. Before polling, X files a writ petition under Article 226 to quash the rejection. Applying Article 329(b) as interpreted in N.P. Ponnuswami v. Returning Officer, Namakkal Constituency (1952), the High Court should:

   A.stay the election until the Election Commission has decided an appeal filed against the rejectionB.transfer the writ petition to the Supreme Court under Article 139A for an authoritative decisionC.quash the rejection at once, because the right to contest an election is a fundamental right of every citizenD.decline to interfere, since the rejection can be questioned only by an election petition after the election
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3. 3. X contested the general election to the House of the People from a constituency and lost. After the result is declared, he wishes to challenge the election of the returned candidate on the ground of corrupt practices. Under Article 329(b), the election can be called in question only:

   A.by an appeal to the Election Commission under Article 324, whose decision on such a dispute is final and bindingB.by an election petition to the authority, and in the manner, provided by law of the appropriate LegislatureC.by a request to the President to refer the dispute to the Supreme Court for its opinion under Article 143D.by a writ petition under Article 32 filed directly in the Supreme Court within the time fixed by the Election Commission
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