Constitution of India Arts. 226, 324 to 329 - Representation of the People Act, 1951, ss. 36, 80 - Election to Legislatures - Rejection of nomination paper - Application to High Court for writ of certiorari - Maintainability - Jurisdiction of High Court - Meaning of “election” and “questioning election”  - Policy of Legislature with regard to elections - Special remedies.

Article 329 (b) of the Constitution of India provides that “no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for, by or under any law made by the appropriate Legislature.” The Representation of the People Act, 1951, which made detailed provisions for election to the various Legislatures of the country also contains a provision (sec. 80) that no election shall be called in question except by an election petition presented in accordance with the provisions of the Act.

The appellant, who was a candidate for election to the Legislative Assembly of the State of Madras and whose nomination paper was rejected by the Returning Officer, applied to the High Court of Madras under article. 226 of the Constitution for a writ of certiorari to quash the order of the Returning Officer rejecting his nomination paper and to direct the Returning Officer to include his name in the list of valid nominations to be published.