(1.) Terming arbitrary, manipulative, mala fide and on extraneous considerations, the declaration of the result of the election of the respondent No.5 as President of No. 10 Silchar Anchalik Panchayat, the petitioner has approached this Court, with the help of his present writ application made under Article 226 of the Constitution, challenging the said election, held under S. 37 of the Assam Panchayat Act, 1994, as violative of Rule 45(1) of the Assam Panchayat (Constitution) Rules, 1995, and seeking issuance of writ/writs setting aside and/or quashing the impugned order, dated 31-3-2002 (Annexure 5 to the writ petition), whereby the respondent No.5 was declared as President of the Panchayat aforementioned and commanding the respondents to hold afresh, in accordance with provisions of Rule 45, election to the office of President and Vice-President of the Panchayat aforementioned.
(2.) Whether S. 129 read with S. 127 of the Panchayat Act, 1994, bars jurisdiction of the High Court under Article 226 to interfere with the election of the President of Anchalik Panchayat too and if it is so, (i) whether S. 129 is ultra vires the Constitution of India and (ii) whether Article 243 O of the Constitution of India, introduced by way of 73rd amendment of the Constitution, is ultra vires the proviso to Article 368(2) of the Constitution, the same having not been ratified by requisite number of State legislatures, are the momentous questions, which this writ petition has raised for consideration by this Court.
(3.) In a narrow compass, petitioners case may be put as follows :