- (1.) Heard Sri Shashi Nandan, Senior Advocate assisted by Sri Pankaj Kumar Shukla for the petitioner. Sri Raghvendra Singh, learned Advocate General assisted by Sri Ajit Kumar Singh, Additional Advocate General, Sri Manish Goyal, Additional Advocate General and Sri Sudhanshu Srivastava, Additional Chief Standing Counsel have put in appearance for the State of U.P. Sri Ravi Kant, Senior Advocate assisted by Sri Tarun Agrawal is present for the State Election Commission.
(2.) This writ petition has been filed for the following prayers-: "(i) issue a writ, order or direction in the nature of mandamus for commanding the respondents to issue notifications for holding the election, indicating therein the entire program of the election positively before expiry of five years of Zila Panchayat i.e. date 13.01.2016 in accordance with the provisions of Article 243-E of Constitution of India. (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents subject to the fresh election of Zila Panchayat not to interfere in peacefully functioning by elected body of Zila Panchayat. (iii) issue any other writ, order or direction which this Hon'ble Court deems fit and proper in the circumstances."
(3.) Counsel for the petitioner submits that election of Zila Panchayat was to be initiated and completed on or before expiry of the term of the Panchayat. The respondents have failed to undertake the process of election to be completed before the expiry of the term of the Panchayats and thereby administrators have been appointed going against the mandate of the Constitution. A reference of Article 243 (E) of the Constitution of India for it is being quoted herein-: 243E. Duration of Panchayats, etc. (1) Every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer; (2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Panchayat at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause ( 1 ); (3) An election to constitute a Panchayat shall be completed; (a) before the expiry of its duration specified in clause ( 1 ); (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayat; (4) A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat would have continued under clause ( 1 ) had it not been so dissolved. ;