Trace Your Case

ISSUE:

Whether Article 329(b) of the Constitution bars all legal challenges to election-related matters before the completion of the election process?

Whether the EC's order for re-poll can be challenged in a writ petition under Article 226?

Whether the EC's powers under Article 324 are subject to principles of natural justice?

RULE:

Natural Justice: The court emphasized that decisions affecting elections must adhere to principles of natural justice, ensuring fairness and transparency in administrative actions.

Judicial Review: The court recognised the right to judicial review over decisions made by the Election Commission, particularly when such decisions could infringe on electoral rights or democratic processes.

Discretionary Power of the Election Commission: While the EC has broad powers to ensure free and fair elections, these powers must be exercised judiciously and not arbitrarily.

Accountability of Public Authorities: The ruling highlighted that public officials, including those in electoral offices, are accountable for their actions, especially when those actions affect the democratic process.

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