A. Raja v. D. Kumar

A. Raja v. D. Kumar

expressing final opinion on applicability or otherwise of Article 243-O17 of the Constitution or Section 153(14)18 of the Kerala Panchayat Raj Act, 1994.’19 (emphasis supplied)

64. We deem it appropriate to clarify the position in the wake of the present Judgment. A duly issued Caste/Community Certificate would be amenable to challenge only under the provisions of the statute concerned, and not in an Election Petition. In case no statute governing the field in a State/Union Territory is operative, the Madhuri Patil (supra) guidelines, as modified in Dayaram (supra), shall be followed.

65. Insofar as the constitutional bar, or any analogous provision thereto, adverted to in Lillykutty (supra) is concerned, we feel no need to dwell thereupon inasmuch as the interplay between such bar(s) and the exercise of writ jurisdiction under Article 226 of the Constitution or by this Court has been dealt with in a number of precedents, referred to in Union Territory of Ladakh v Jammu and Kashmir National Conference, 2023 INSC 804, specifically at paragraph no.36 thereof.

Result of the case: Appeal allowed.

17 243-O. Bar to interference by courts in electoral matters.—Notwithstanding anything in this Constitution,— (a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under Article 243-K, shall not be called in question in any court; (b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State. 18 153. Election of President and Vice-President. … (14) Where a dispute arises as to the validity of an election of President or Vice-President of a Panchayat, any member of that Panchayat may file a petition. … 19 The learned Thakker, J. wrote for the Court, which was supplemented by the learned Sinha, J.