MADAN B.LOKUR,J. - (1.) Pursuant to a Notification issued by the State Election Commission, U.P. on 21st September, 2015 elections were held to the Kshettra Panchayat, Jasrana, District Ferozabad (U.P.) on 7th February, 2016. Apparently, the results were declared on the same day by the State Election Commission and 63 candidates were declared elected. It may be mentioned that the elections were held under the provisions of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (hereinafter referred to as the Adhiniyam). An elected member
(2.) The Adhiniyam does not define the expression 'elected member'. For the purposes of the present petition we are proceeding on the basis that an 'elected member' is a person who has been duly elected. The 'elected member' might or might not have taken the oath of office in terms of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats (Oath of Office of Adhyaksha or Pramukh Etc.) Rules, 1994 (hereinafter referred to as the Rules). We say this even though there is some sanctity attached to taking the oath of office, which we will advert to later.
(3.) Rule 2(2) of the Rules defines 'Members' in the following terms, which is also without reference to taking the oath of office: "2(2) "Members" means in case of Zila Panchayats Members elected under clause (b) of sub-section (1) of Section 18 and in case of Kshettra Panchayat Members elected under clause (b) of sub-section (1) of Section 6 of the Act.";