GURBHAIAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CAN a State Legislature validity admit the electoral rolls for the time being in force maintained under the representation of the people Act, 7950 for the purposes of elections to its Panchayats ? Do the provisions of S 52i of the Punjab Gram Panchayats Act, 1952 suffer in the one of abdication of its functions by the Legislature and. one consequently void? T ns is the win ques4ion before this Full Bench underlying the challenge to the validity of the recently held elections to the Gram Panchayats within the State of Punjab.

(2.) THE five petitioners are the residents of village Chat. Tehsil Raipura. District Patiala. who have attained the age of 21 years, on or above the 1st of Jan. 1983, and on that base, entitled to be registered as votes far the purposes of Panchayat elections. on the l0th Sept. 1983 the Punjab Government issued a public notification calling for election to the Panchayats, to be held from Sept. 2-1-1983 to Sept. 30. ` 1983. It is pointed out that by virtue of S. 5 (2) of the Punjab Gram Panchayats Act 1952 (hereinafter called 'the Act'1 and the rules framed where under every person who is entered as a voter on The electoral roll of the Punjab Legislative Assembly for the time being in force would entitled to cast vote in the said election. . The aforesaid electoral roll is governed entirely by central statute, namely: The Representation of the People Act, 1950. and in particular S. 21 thereof. There is no provision for the revision of this electoral roll at the instance of the State Government and such power is exercisable only by the Election Commission, which is appointed by the Central Government under a Central statute. Since no recent revision of the electoral roll within the State of Punjab has vet been made. the writ petitioners who have attained the age of 21 years have not as yet been entered in the final roll and are consequently deprived of their right of the franchise and of the right to vote in the Panchayat elections.

(3.) IT is then their case that under Art. 246 of the Constitution of India read with entry No. 5 of the State List. it in the exclusive power of the State legislature to make law for the constitution of the Gram Panchayats and inevitably for conducting elections thereto the maintenance of the electoral rolls therefor. It is pointed further that Art. 4 of the On situation m the Director principles a states the State to take steps to 0og se village Panchayat and to confer Powers and authority. as may be them to functions as units of self government. It is averred that the states of Madhya Pradesh, Rajasthan, Madras, Jammu and Kashmir and Bihar have enacted State legislation which vests the control and maintenance of the electoral role for the Panchayats in State agencies. However. by virtue of S, 5 (2) of the Act the Legislature of Punjab has wholly abdicated its legislative functions to enact laws for the framing of the electoral roll for the Panchayats and instead has vested the same entirely in the election commission and the Union of India, who maintained the electoral roles for the Parliament and the State Legislatures.