PREMWATI Vs. STATE OF U P

JUDGEMENT

(1.) S. P. Srivastava, J. Heard the learned counsel for the petitioner and the learned Standing counsel representing respondents No. 1 and 2.

(2.) PERUSED the record.

(3.) UNDER the provisions contained in the Constitution (Seventy- third Amend ment) Act, 1992 which received the assent of the President on 20-4-93 after Part VIII of the Constitution a new part IX was inserted in the Constitution. This part re lates to the Panchayats. The provisions relevant for the purposes of considering the controversy raised in this case may be referred to at this stage. UNDER the provisions contained in newly inserted part IX of the Constitution, Gram Sabha means "a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level and Panchayat means" an institution (by whatever name called) of self government constituted under Article 243-B, for the Rural areas. Article 243-C provides that subject to the provisions contained in Part IX of the Constitution the Legislature of a State may, by law, make provisions with respect to the composition of Panchayats subject to the conditions provided there under. Article 243- C (5) provides that the Chair person of a Panchayat at the village level shall be elected in such manner as the Legislature of a State may, by law, provide. Article 243-F provides that every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date ap pointed for its first meeting and no longer. The provisions contained in Article 243-N stipulate that notwithstanding anything in part IX any provision of any law relating to panchayats in force in a State immediately before the commencement of the Constitution (Seventy Third Amendment) Act, 1992 which is inconsistent with the provisions of that part, shall continue to be in force until amended or repealed by a competent Legislature or other com petent authority or until the expiration of one year from such commencement, whichever is earlier.