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Supreme Court Reaffirms Judicial Restraint in Elections: The Primacy of Article 329(b)

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The Supreme Court dismissed a challenge against the rejection of Rajya Sabha nomination papers, ruling that Article 329(b) prohibits judicial interference once the election process has commenced.

The Supreme Court of India recently reaffirmed the principle of judicial non-interference in ongoing electoral processes by dismissing a petition that challenged the rejection of nomination papers for a Rajya Sabha election. Invoking Article 329(b) of the Constitution, the Bench emphasized that once the electoral machinery is set in motion, the judiciary must exercise restraint to ensure the process reaches its logical conclusion without mid-stream interruptions. Article 329(b) explicitly mandates that no election to either House of Parliament or to the House of a State Legislature shall be called in question except by an election petition. This petition must be presented to the designated authority in a manner provided by law. The Court clarified that the rejection of a nomination paper by a Returning Officer is an integral step within the 'election' process. Consequently, any grievance arising from such a decision can only be addressed through an election petition filed after the poll results are declared, rather than through a writ petition under Article 226 or Article 32 during the process.

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