- (1.) Leave granted.
(2.) Constitution of India is suprema lex. Part IX of the Constitution of India was inserted by Constitution (Seventy-third Amendment) Act, 1992. Article 243B mandates that there shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of the said Part. Part IX speaks of composition of panchayats (Article 243C), reservation of seats (Article 243D), and duration of panchayats (Article 243E). It also provides for disqualifications for membership in terms of Article 243F stating: "243F. Disqualifications for membership.-- (1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat-- (a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned: Provided that no person shall be disqualified on the ground that be is less than twenty-five years of age, if he has attained the age of twenty-one years; (b) if he is so disqualified by or under any law made by the Legislature of the State. (2) If any question arises as to whether a member of a Panchayat has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide."
(3.) Article 243O of the Constitution of India imposes a bar to interference by courts in electoral matters stating: "243O. Bar to interference by courts in electoral matters.--Notwithstanding anything in this Constitution-- (a) the validity of any law relating to the delimitation of constituencies or the allotment of seals to such constituencies made or purporting to be made under article 243K, shall not be called in question in any court; (b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any Law made by the legislature of a State.";