Tuesday, May 6, 2008

Plea on plan to delimit rejected

Shariff Ameeruddin Ishaqui
Hyderabad, May 2: A division bench of the AP High Court on Friday dismissed abatch of writ petitions challenging the delimitation of Parliament andAssembly constituencies in the state, at admission stage itself.The bench comprising Justice B Prakash Rao and Justice CY Somayajulu, while dismissing the petitions, observed that "Article 329 (a) of the Constitution bars all courts including constitutional courts for going into the validity of law relating to delimitation of constituencies or the allotments of seats such constituencies made orproposed to made under Article 327 or 328 of the Constitution".
The court further observed that "by invoking the powers vested in it byArticle 327 or328 are only Parliament entertain the Act, which is similar to the delimitation Act1972 and its earlier similar enactments".The court said "as the Apex Court in Kothari case clearly held that constitutional courts cannot entertain writ petitions in respect of action of the Delimitation Commission in view of the bar contained in article 329(a) of the Constitution. We find no ground to admit the petitions".The petitioners challenged the final notification of the DelimitationCommission with regard to several constituencies in the state.

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