Does the lapse of the forty-five day period for filing an election petition enlarge the jurisdiction under Article 226 of the Constitution?

Paragraph 17For completeness, this Court records the submission of Mr.Kapil Sibal, learned Senior Counsel, that the forty-five day period prescribed under the Act has already elapsed by the time the verification process itself was completed, and that the petitioner is thereby left without a remedy. This Court is not persuaded that this circumstance can enlarge the jurisdiction of this Court under Article 226 of the Constitution of India in the face of the express constitutional bar under Article 329(b) of the Constitution of India. Whether, and to what extent, the delay occasioned by the verification process hinges on the computation of limitation under the provisions of the Act, and whether any relief in that regard is available to the petitioner, are matters that are to be examined by the Election Tribunal in the first instance, upon an election petition being presented, and this Court expresses no opinion on that question one way or the other. Suffice it to observe that a difficulty of this kind, even where genuine, is not a ground on which the constitutional bar under Article 329(b) of the Constitution of India can be circumvented. It is, at best, a ground to be urged before the forum vested with jurisdiction to try the dispute.