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Supreme Court of India 2017-08-17 partly_allowed

Bharati Reddy vs State of Karnataka and Ors

Bench: 2 — S. Abdul Nazeer

In Brief

This case examines whether voters who are not members of a Zilla Panchayat can challenge an election for Adhyaksha (chairman) through writ petition. The Supreme Court held that while Article 243-O bars election disputes except through prescribed election petitions (limited to members), the power of judicial review under Article 226 is an essential, unerodible feature of the Constitution's basic structure. A non-member voter cannot be left remediless if aggrieved. The Court affirmed that non-member voters can file a writ petition, though the High Court has discretion to entertain it on merits. The matter was remanded for the High Court's fresh disposal.

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Constitutional Law Panchayat Raj Judicial Review Election Law Basic Structure Doctrine Article 226 Jurisdiction

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