"4 In Part XV of the Consitution, after Article 329, the following article
shall be inserted, namely :–
‘‘329-A. (1) Subject to the provisions of Chapter II of Part V (except subclause (e) of clause (1) of Article 102), no election–
(a) to either House of Parliament of a person who holds the office of Prime
Minister at the time of such election or is appointed as Prime Minister after
such election;
(b) to the House of the People of a person who holds the office of Speaker
of that House at the time of such election or who is chosen as the Speaker for
that House after such election; shall be called in question, except before such
authority (not being any such authority as is referred to in clause(b) of Article
329) or body and in such manner as may be provided for by or under any law
made by Parliament and any such law may provide for all other matters
relating to doubts and disputes in relation to such election including the
grounds on which such election may be questioned.
(2) The validity of any such law as is referred to in clause (1) and the
decision of any authority or body under such law shall not be called in
question in any court.
(3) Where any person is appointed as Prime Minister or, as the case may
be, chosen to the office of the Speaker of the House of the People, while an
election petition referred to in clause (b) of Article 329 in respect of his
election to either House of Parliament or, as the case may be to the House of
the People is pending, such election petition shall abate upon such person
being appointed as Prime Minister or, as the case may be, being chosen to the
office of the Speaker of the House of the People, but such election may be
called in question under any such law as is referred to in clause (1).
(4) No law made by Parliament before the commencement of the
Constitution (Thirty-ninth Amendment) Act, 1975, in so far as it relates to
election petitions and matters connected therewith, shall apply or shall be
deemed ever to have applied to or in relation to the election of any such
person as is referred to in clause (1) to either House of Parliament and such
election shall not be deemed to be void or ever to have become void on any
ground on which such election could be declared to be void or has, before such
commencement, been declared to be void under any such law and
notwithstanding any order made by any Court, before such commencement,
declaring such election to be void, such election shall continue to be valid in
all respects and any such order and any finding on which such order is based
shall be and shall be deemed always to have been void and of no effect.
(5) Any appeal or cross appeal against any such order of any court as is
referred to in clause (4) pending immediately before the commencement of
the Constitution (Thirty ninth Amendment) Act, 1975, before the Supreme
Court shall be disposed of in conformity with the provisions of clause (4).
(6) The provisions of this article shall have effect not-withstanding
anything contained in this Constitution.’’
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