HARI SINGH PATEL Vs. JANPAD PANCHAYAT

JUDGEMENT

(1.) BY this petition the petitioners who are members of Zila Panchayat and Gram Panchayat have challenged the constitution of Standing Committees of the Janpad Panchayat, Hoshangabad. The objection of the learned counsel for the petitioners is that the elections were notified on 26-7-1994 as such elections to the Standing Committee should have been held within one month from the said date and in any case within four months under Rule 4 of the M. P. Janpad Panchayat and Zila Panchayat Standing Committees (Election of members, powers and functions and term of members and procedure for the conducting business) Rules, 1994, which is quoted below:

(2.) THE constitution of the Janpad Panchayat is to be made as stated above under the rules, Section 47 of the Act provides for composition of Janpad Panchayat. The letter written by the Director, Panchayat and Social Welfare, was only a communication to comply with the provisions of the Act i. e. that the elections to the constitution of the Standing Committee before 24-10-1994. This date could be extended. The holding of elections on 29-10-1994 cannot be said to be without jurisdiction. The elections held are according to law.

(3.) LEARNED counsel for the petitioners submitted that the elections having not been held as per the direction given by the Director are vitiated. He also stated that the election should be held only within the time as prescribed under Section 47 of the Act and Rule 4 of the Rules, referred to above, and if that is not done according to the said rule, the whole action is vitiated.