MANSA RAM Vs. THE DEPUTY COMMISSIONER AND ORS.

JUDGEMENT

(1.) THESE three similar writ petitions Nos. 1305, 1306 and 1312 of 1961, under Article 226 of the Constitution of India involved some common questions and have been referred by Mehar Singh J. to a Division Bench.

(2.) THESE petitions arise from elections to the Panchayat Samitis under the provisions of the Punjab Panchayat Samitis and Zila Parishads Act, 1961 (Punjab Act No. 3 of 1961), hereinafter referred to as the Act. The object of the Act is to provide for the constitution of Panchayat Samitis and Zila Parishads, to which bodies it is intended to transfer the functions now being performed by the district boards in the Punjab. In order to appreciate the matters in issue it is necessary to reproduce some of the provisions of this Act. Under Sub -section (1) of Section 3, the Government may by notification direct, that with effect from such date as may be specified in the notification, there shall be constituted Panchayat Samitis either for every tehsil in a district or for every block in a district. By Sub -section (2) of Section 2, a 'block' means such area in a district as may be declared by the Government by notification to be a block. Under Section (4) a Panchayat Samiti shall have authority throughout the tehsil or block for which it is constituted but not over any part of such tehsil or block as is for the time being included in a Municipality or a Cantonment or a Notified Area. Section 5 of the Act lays down the constitution of Panchayat Samitis, and in these petitions we are concerned with Sub -section (2) of Section 5 which prescribes the constitution of a Panchayat Samiti which is to be constituted for a block and this is to consist of three classes of members - -primary members, associate members and co -opted members. Primary members as provided in Clause (a) of Sub -section (2) are to be elected in the manner prescribed by the persons as provided under:

(3.) UNDER Clause (c) of Sub -section (2) of Section 5, the category of co -opted members is to consist of six members to be co -opted in accordance with the provisions of Section 16. Section 16 is as follows: