Section 38:
Election Commission to delimit constituencies.
(1) The Election Commission shall, in the
manner herein provided, distribute the seats assigned to the Legislative Assembly under section 3 to
single-member territorial constituencies and delimit them having regard to the following provisions,
namely:—
(a) all constituencies shall, as far as practicable, be delimited in such manner that the ratio
between the population of each of such constituencies and the total population of the Capital is the
same; and
(b) constituencies in which seats are reserved for the Scheduled Castes shall, as far as
practicable, be located in areas where the proportion of their population to the total population is
comparatively large.
(2) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies in the Official Gazette and also in
such other manner as the Commission may consider fit, together with a notice inviting objections and
suggestions in relation to the proposals and specifying a date on or after which the proposals will be
further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so
specified;
(c) after considering all objections and suggestions which may have been received by it before
the date so specified, determine by one or more orders the delimitation of constituencies and cause
such order or orders to be published in the Official Gazette; and upon such publication, the order or
orders shall have the full force of law and shall not be called in question in any court.