Supreme Court of India · 1985-09-30
lNDRAJIT BARUA & ORS. ETC. vs ELECTION COMMISSION OF INDIA & ORS.
- Citation / case number
- SC 1984/68353
- Court
- Supreme Court of India
- Petitioner
- lNDRAJIT BARUA & ORS. ETC.
- Respondent
- ELECTION COMMISSION OF INDIA & ORS.
- Bench
- BHAGWATI, P.N. (CJ),SEN, AMARENDRA NATH ,ERADI, V. BALAKRISHNA ,MISRA RANGNATH,KHALID, V.
Judgment text excerpt
The Supreme Court held that writ petitions under Article 226 challenging elections to the State Legislature are not maintainable, as Article 329(b) bars such challenges. The Court emphasized that the only remedy available is through election petitions under Section 81 of the Representation of the People Act, 1951. It clarified that elections can only be contested on a constituency basis, and the electoral rolls must be revised as per Section 21(2)(a) of the Act before elections are held.