Article 329

Constitution of India

Remedy for every wrong done during the election is postponed to the post-election stage

Article 329 of the Constitution of India starts with a non obstante clause that notwithstanding contained in this Constitution, no election to either house shall be called in question except by an election petition. Therefore, Article 226 of the Constitution of India stands pushed out where the dispute takes the form of calling in question an election, except in special situations pointed out but left unexplored in Ponnuswami. It was held that there is a remedy for every wrong done during the election in progress although it is postponed to the post-election stage. The Election Tribunal has powers to give relief to an aggrieved candidate. Mohinder Singh Gill & Anr vs. The Chief Election Commissioner, New Delhi & Ors. (1978) 1 SCC 405

Under the election law, the rejection of a nomination paper can be used as a ground to call election in question before the Authority prescribed by law in terms of Article 329 of the Constitution of India but not during the intermediate period