PREM LAL PATEL Vs. STATE OF U P

JUDGEMENT

(1.) Mr. Prem Lal Patel, the petitioner of this writ petition, has assailed the Ordinance No. 10 of 2000, by means of which certain amendments were made in the Uttar Pradesh Panchayat Raj Act. 1947, on the ground that the Ordinance is ultra vires to the provisions of Article 243-E (3) (a) of the Constitution of India which came into force on 24th April. 1993. by the Constitution (Seventy-third) Amendment Act, 1992. Before dealing with the vires of the Ordinance, it would be relevant to reproduce Article 243E of the Constitution of India. 243-E. Duration of Panchayats. etc.--[1] Every panachayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer. (2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a panchayat, at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1). (3) An election to constitute a Panchayat shall be completed : (a) before the expiry of its duration specified in clause (1); (b) before the expiration of a period of six months from the date of its dissolution : Provided that where the remainder of the period for which the dissolved panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the panchayat. (4) A panchayat constituted upon the dissolution of a panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved panchayat would have continued under clause (1) had it not been so dissolved.

(2.) Thus the proposition emerges out from a perusal of Article 243E, of the Constitution of India is that the maximum term for which a panchayat can function is five years from the date appointed for its first meeting which cannot be extended. The election to constitute a panchayat shall be completed before the expiry of its duration specified in clause (1) of Article 243E.

(3.) It appears that the State of U. P. has issued the Ordinance under Entry 5. List-11, which empowers the Legislature of the State to make laws regarding local Government, that is to say, the Constitution and powers of Municipal Corporation, improvement trusts, district board, mining settlement authority and other local authorities for the purpose of local self-Government or village administration.