Judgment:
K.A. Swami, C.J.
1. In the light of the provisions contained in Article 243-O(b) of the Constitution of India, which provides that no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State, we do not consider that it is permissible to interfere with the acceptance or rejection of the nomination papers for the election to Village Panchayat. The election process commences from the issuance of the calendar of events till the results of election are declared. As the acceptance or rejection of nomination is out of the stages in the process of election, the validity of it can only be challenged in an election petition and not under Article 226 of the Constitution. There was a controversy earlier to introduction of Part IX and Article 243-O of the Constitution, as to whether the principles underlying Article 329 of the Constitution could be extended to matters relating to the elections to the various local bodies. But, ultimately now the controversy is put an end to by the introduction of Article 243-O(b) of the Constitution. Hence, we are of the view that the jurisdiction under Article 226 of the Constitution cannot be exercised as against the order of acceptance or rejection of nomination paper or in respect of any of the stages of the election process.
2. Accordingly, the appeal is dismissed.
3. C.M.P. No. 13339 of 1996 is also dismissed.