Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India-Arts.40 and 243 (g) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India-Arts.40 and 243 (g)-Village-Definition of- Governor can declare any populated rural area as a village-It does not stick to any particular concept or any pre-conceived notion of village.Constitution of India-Art.243(g)-U.P. Panchayat Raj Act, 1947-Section 2(t)-Village-Concept of-Villages recorded in revenue records--Power of declaring village with State Government-Whether section 2(t) is violative of Art 243(g)-Held, No-Constitution equates Governor with State Government-Notification issued by Government or a general or special order issued by State Government-Constitutionally both are acts of Governor-Notifications dated 9-5-1994 and 4-8-1994-Legality of.Constitution of India-Art.243(b )-U.P. Panchayat Raj Act, 1947-Section 2(g)-Gram Sabha-Definition-Whether definition given in section 2(g) is ultra vires provisions of Constitution-Held, No.U.P. Panchayat Raj Act, 1947-Section 3--Establishment of a gram sabha for a group of village-Whether results in loss of identity of village with smaller population-Held, No.Constitution of India-Article 243(e)-U.P. Panchayat Raj Act, 1947-Section 2(11) r/w s 11-F-Panchayat area-carving out panchayat area on basis of population-Whether provisions of section 2(11) r/w s 11-F are ultra vires Art. 243(e)-Held, N~Art 243(e) does not require that panchayat should be constituted on basis of territorial area alone.Constitution of India-Articles 243-D, 243-K-Electoral matters-Bar on interference by courts-Validity of delimitation of panchayat area or of initial area and allotment of seats to constituencies-Challenged-Whether court could have entertained such challenge-Held, No-Even this challenge could not have been entertained after issue of election notification.Constitution of India-Articles 243(g), 154(1) and 163-U.P. Panchayat Raj Act, 1947-Section 96-A-Delegation of power under the Act-Whether Sec. 96-A is ultra vires Art.243(g)Held, No.Constitution of lndia-Art. 14-U.P. Panchayat Raj Act, 1947-Sections 3 and 11-F-Determination of Panchayat areas and gram sabhas-Obligatory on State Government to hear objection before panchayat areas are finalised-Change in areas of local bodies results in civil consequences-Post decisional hearing-Sufficient compliance in urgent matters. U.P. Panchayat Raj Act, 1947-Nyaya Panchayats-Organisation of-Act making provision for-Whether ultra vires the Constitution-Held, No. On coming into force on 24.4.1993 of the Constitution (Seventy- Third Amendment) Act, 1992, which gives effect to one of the Directive Principles of State Policy, viz., Article 40 of the Constitution of India whereby the State is directed to organise village panchayats as units of self-government, the States were required by the Centre to take steps to organise village panchayats on the lines of the said Constitutional Amendment by making a law or amending the existing law suitably. The Uttar Pradesh State Legislature amended the U.P. Panchayat Raj Act, 1947 by enacting the U.P. Panchayat Raj (Amendment) Act, 1994. As per the provisions of the Act, several Government instructions and notifications were issued and rules were framed with a view to hold elections to the panchayats. The declaration of the gram panchayat areas u/s 11-F and the establishment of the gram sabhas u/s 3 were made. The elections to the new panchayats were then notified. In pursuance of this notification the election process was to commence on 29.9.1994.The respondents filed writ petitions in the Allahabad High Court alleging that the Government orders were being violated in the process of re-organization and delimitation of the constituencies. Writ petitioners also challenged the validity of the Constitutional Amendment as well as the vires of the Panchayat Raj Act. The State Government renotified the dates of election.The High Court held that the definitions of 'village' u/s 2(t), of 'Gram Sabha' u/s 2(g), and of 'Panchayat Area' u/s 2(11) r/w s 11-F of the Act were ultra vires the respective definitions given in Articles 243(g), 243(b), and 243(e) r/w Article 243-C of the Constitution. The High Court further held that the village had to be a habitat according to the anthropological concept; that the village for the purposes of the Panchayat could be specified only in accordance with the wishes of the inhabitants of the village as conveyed to the Governor who was obliged to notify it without involvement of the State Government; that the Governor had to act independently of the State Government in the matter of specification of the 'village' and further the village will have to be fixed according to the aspirations, chauvinism and the wishes of the villagers. As regards the 'Gram Sabha', the Court held that although the definition of Gram Sabha referred to a body of persons registered in the electoral rolls, the references to 'establishment u/s 3' and the provision for establishment and notification of Gram Sabha in section 3, were ultra vires the Constitution and that the State Government had no power to establish or notify Gram Sabha. |
Judge | Hon'ble Mr. Justice P.B. Sawant |
Neutral Citation | 1995 INSC 210 |
Petitioner | State Of U.p. And Ors. Etc. Etc. |
Respondent | Pradhan Sangh Kshettra Samiti And Ors. Etc. Etc. |
SCR | [1995] 2 S.C.R. 1015 |
Judgement Date | 1995-03-24 |
Case Number | 3771 |
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