PUNJAB PANCHAYATI UNION Vs. STATE OF PUNJAB

JUDGEMENT

(1.) the decision of the State of Punjab to hold elections to the Gram Panchayats more than a year before the expiry of the term of five years illegal and unconstitutional? Are the provisions of Ss. 29-A and 209 of the Punjab Panchayati Raj Act, 1994, which empower the State to dissolve the Panchayats in public interest and hold elections at 'any time', ultra vires the Constitution? These are the basic issues that arise for consideration in these two cases.

(2.) The facts as averred in CWP No. 7093/2002 may be noticed. The election to the Gram Panchayats in Punjab were held on 21/06/1998. The "five year term will expire only in June 2003". However, "the Punjab Cabinet has decided that elections to the Gram Panchayats be (held) in June 2002 along with the elections to the Panchayat Samitis and Zila Parishads ...." The petitioners allege that this decision is illegal and unconstitutional. The Panchayats are instruments of local-self Government. Under the Constitution, as amended by the 73rd amendment, the Panchayats have a fixed tenure of five years. Part IX of the Constitution embodies Articles 243 to 243O. Despite an express provision that the Panchayats shall continue for a term of five years, the State is proceeding to hold the elections. It is purporting to act under the provisions of Ss. 29A and 209 of the Punjab Panchayati Raj Act, 1994. The provisions permitting dissolution of Panchayats before the expiry of the term are ultra vires the Constitution. The decision to hold elections has been "initiated with a mala fide intention by the present Government in Punjab to cash in on the prevailing mood....." The petitioners pray that S. 29A in so far as it provides for dissolution of the Gram Panchayat merely on the issue of a notification announcing the elections and S. 209 in so far as it enables the State Government to hold elections at 'any time' be declared ultra vires the Constitution. They further pray that the Government be restrained from conducting the elections to the Panchayat as per the decision of the Cabinet and that they may be permitted to complete their term of five years.

(3.) A written statement has been filed on behalf of the respondents. It has been inter-alia averred that