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Article 243ZG bars courts from interfering in electoral matters of Municipalities, but this bar does not apply to challenges based on violation of Fundamental Rights or other constitutional provisions, which can be challenged through writ jurisdiction.
- True
- False
Answer: True
Judicial review of Municipal elections: (a) Article 243ZG (74th Amendment): Bar on interference by courts in electoral matters of Municipalities: (i) No election to Municipality shall be called in question except by election petition, (ii) Election petition to be presented to such authority, in such manner as provided by State Legislature law, (b) Exception for constitutional violations: Bar does not apply to challenges based on violation of Fundamental Rights or other constitutional provisions: (i) Writ jurisdiction: High Courts/Supreme Court can entertain writ petitions (Articles 226, 32) if Municipal elections violate Fundamental Rights (e.g., discrimination, denial of voting rights), (ii) Constitutional remedies: Citizens can challenge electoral malpractices violating constitutional principles through writ jurisdiction, not just election petition route, (c) Applications: (i) Discrimination cases: Courts can intervene if Municipal elections discriminate based on religion, caste, gender in violation of Articles 14, 15, (ii) Voting rights: Courts can protect right to vote (Article 326) if voters illegally denied enrollment, voting opportunity, (iii) Procedural fairness: Courts can ensure electoral process follows constitutional principles of fairness, transparency, (d) Balance: Article 243ZG balances need for speedy election dispute resolution (through election petitions) with protection of constitutional rights (through writ jurisdiction); ensures electoral process not delayed by prolonged litigation while preserving constitutional remedies for rights violations.