KALYANSINGH RATHOR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition by three members of Gram Panchayats who have challenged the validity of the delimitation of constituencies for the block declared by notification (Annex-3 to the petition published in the Gazette dated 25th november 1970 and the notification issued by the Collector (Annex-4 to the petition) dated 4/12th December 1970 determining the reserved constituencies.

(2.) THE contention of the petitioners is that the constituencies for the block were finally declared by notification (Annex-1 to the petition) published in the Gazette dated 26th September 1969 and accordingly the petitioners among others got themselves elected to the Gram Panchayats with a view to being elected for the block Panchayat and for further elections on that basis; and that after the petitioners had been elected from the Gram Panchayats the State Government altered the constituencies of the block so that the petitioners are now unable to contest the elections for the block Panchayat. It is alleged that the Government had no power to alter the constituencies once finally determined so as to affect the future prospects of the petitioners. It is further contended that the Collector by annexure-4 has reserved wrong constituencies for the election of members of the scheduled castes and scheduled tribes. Several objections have been taken for the invalidity of this notification determining the reserved seats. But since after hearing learned counsel for both the parties we are satisfied that this determination by the Collector is without jurisdiction, we will deal only with that matter in connection with this notification.

(3.) ON behalf of the respondents, so far as the alteration of the constitutioncies is concerned it is contended that the State Government has absolute power without any restriction to fix the constituencies as and when the Government so considers fit and that the power exercised by the Government cannot be challenged except on the proof of mala fides which have not been alleged in this petition. Section 21 of the M. P. General Clauses Act is relied upon for the power in the Government to make alterations in any notification once issued by the Government. The contention on behalf of the petitioners in this respect is that the intention of the legislature in passing the Panchayats Act is not to give this power of alteration of constituencies to the State Government. The submission is that under Section 360 of the M. P. Panchayats Act, the Act has provided for alteration of Gram Sabhas and has given that power to the Government. Under Section 370 of the Act power has been given to the Government to alter the limits of a block. But no similar power to alter the constituencies in a block has been given in the Act and the intention must, therefore be inferred that the State Government did not possess the power to alter the constituencies.