S.H.A.Raza, J. - (1.) The aforementioned writ petitions to the election of Zila Panchayats of different districts. The Writ Petition bearing No. 3777 (M/B) of 2000 has been taken up as a leading one. The writ petitions, which deal with different questions, shall be dealt separately.
(2.) The factual matrix of the case as set out in the Writ Petition bearing No. 3777 (M/B) of 2000, in short compass, appears to be is that the election of the members of Zila Panchayat in District Hamirpur, U. P. was held on 22.4.1995. After the said election, new district Mahoba was carved out from district Hamirpur. It was submitted that till 5.8.1996, the election of Adhyaksha of Hamirpur was not held. On 18.4.1996, the State Government issued notification under Section 272 of the U. P. Kshettra Panchayat and Zila Panchayat Adhiniyam. 1961 (hereinafter referred to as the 'Adhiniyam, 1961') removing certain difficulties due to creation of the new district Mahoba, which was earlier part of district Hamirpur, which reads as under : "272. Powers to remove difficulties.--(1) If any difficulty arises in giving effect to the provisions of this Act, or by, reason of anything contained in this Act to any other enactment for the time being in force, the State Government may, as occasion requires, by notified order direct that this Act shall have effect, subject to such adaptations, whether by way of modification, addition or omission, as it may deem to be necessary and expedient. (2) No order under subsection (1), shall be made after the expiration of the period of two years from the date of commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994. (3) The provisions made by any order under sub-section (1) shall have effect as if enacted in this Act and any such order may be made so as to be retrospective to any date not earlier than the date of commencement of the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994. (4) Every order made under sub-section (1) shall be laid, as soon as may be, before both the Houses of the State Legislature and the provisions of sub-section (1) of Section 23A of the Uttar Pradesh General Clauses Act, 1904, shall apply as they apply in respect of rules made by the State Government under any Uttar Pradesh Act."
(3.) The State Government in exercise of the power under the above provision, has issued a Government order on April 18th, 1996, which reads as under : "In exercise of powers conferred under Section 272 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Act. 1961 (U. P. Act No. 33 of 1961), the Governor, for the purposes of removing difficulties in giving effect to the provisions of the said Act, is pleased to direct that the provision of Section 18 of the said Act shall apply with the adoption that where as a result of creation of a new district a territorial constituency of a Zila Panchayat to which election of the member has been held, is divided and any area of such territorial constituency is included in newly created district, the elected member from such constituency shall be deemed to be the elected member of that Zila Panchayat in the electoral rolls of which he is included as an elector.";