Judgment 1. Heard learned counsel for the petitioners, learned counsel for the Chief Election Commission, learned counsel for the State and the learned counsel for the Union of India. 2. The petitioner has filed the present writ application praying therein that the election is being held on the basis of 1971 census, which is ultra vires to the provisions of Article 170 of the Constitution of India and that the constituencies should be fixed in terms of proviso to section 8(b) of the Delimitation Act, 2002 . 3. Mr. Ram Janam Ojha, learned counsel for the petitioners, has contended that since the process of election has not started, this Court can entertain the writ application in election matter. In our view, it is not necessary to go into the said question as we find that none of the submissions advanced by him appeals to us for the reasons stated hereinafter. 4. Article 170 of the Constitution of India contains a provision with regard to composition of the Legislative Assemblies and the proviso to sub-Article (3) thereof provides that on completion of each census, the total number of seats in the Legislative Assembly of each State and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine. There is no dispute that the Parliament has made a law i.e. Delimitation Act, 2002 . 5. Thus, after completion of the census, readjustment has to be made, but that re-adjustment will not come into force as the second proviso to sub-Article 3 of Article 170 of the Constitution provides that such re-adjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of territorial constituencies existing before such readjustment. 6. As stated above, the readjustment is to be made under the provisions of the Delimitation Act, which provides for complete procedure for readjustment and, thereafter, a notification has to be issued by the President under Article 170 of the Constitution of India. 6. As stated above, the readjustment is to be made under the provisions of the Delimitation Act, which provides for complete procedure for readjustment and, thereafter, a notification has to be issued by the President under Article 170 of the Constitution of India. Up-till now the delimitation has not been completed in terms of the provisions of the Act nor the Gazette publication has been made in terms of second proviso to sub-Article 3 of Article 170 of the Constitution and in that view of the matter the submission raised by Mr. Ojha that the Census of 2001 is to be taken into consideration for the purposes of readjustment of the constituencies or delimitation has no relevancy. The readjustment has to be made on the basis of 2001 census only when the process is complete under the Delimitation Act. As the same has not been completed, proviso to sub-Article (3) of Article 170, as mentioned above, will apply that the election is to be held on the basis of the existing constituencies. 7. Thus, we do not find any merit in this writ application and it is, accordingly, dismissed.