- (1.) This petition filed under Article 226 of the Constitution challenges the validity of Section 2 of U. P. Kshettra Samitis and Zilla Parishads (Amendment) Ordinance, 1981, (U. P. Ordinance 26 of 1981), (hereinafter referred to as Ordinance 26 of 1981). This Ordinance was promulgated by the Governor on 14th Dec. 1981, on being satisfied that the circumstances existed which rendered it necessary for him to take immediate action.
(2.) The main challenge before us in this petition was that of (validity of?) Section 2 of the Ordinance, which amended Section 6 of U. P. Kshettra Samitis and Zilla Parishads Adhiniyam 1961, (hereinafter (referred) to as the Adhiniyam) Section 2 of the Ordinance is reproduced below. "2. In Section 6 of the Uttar Pradesh Kshettra Samitis and Zilla Parishads Adhiniyam, 1961 hereinafter referred to as the principal Act. (a) in Sub-section (1), after clause (v) the following clause shall be inserted, namely (vi) Such persons as are nominated (sic) with the provisions of Sub-section (2)." (b) for Sub-section (2), the following sub-section shall be substituted, namely. "(2) The State Government shall in the manner prescribed, nominate the following as members of the Kshettra Samiti, namely (i) persons not exceeding seven in number who are interested in planning and rural development or engaged in social, cultural, literary or professional activities :-( ii) women not exceeding three in number (iii) persons belonging to Scheduled Castes and Scheduled Tribes not exceeding five in number. Provided- Firstly, that no person whose name is not registered as an elector in the Assembly rolls from the area of the Khand or who is disqualified under Section 13 shall be chosen as member under Clause (iii) of Sub-section (1) or nominated as member under Sub-section (2) Secondly, that during the period of vacancy in the office of Pradhan. Chairman of Town Area Committee, or President of Notified Area Committee, the person (if any), holding the Office of U. P. Pradhan, Vice-Chairman or Vice-president, as the case may be shall be entitled with a right to vote to attend the meetings of the Kshettra Samiti or committees thereof in place of the Pradhan. Chairman or President."
(3.) The relevant provisions of Section 6 of the Adhiniyam which have been amended, are being reproduced below. "6. Composition of Kshettra Samiti-(1) A Kshettra Samiti shall have as its members. (i) all Pradhans of constituent Gaon Sabhas (ii) Chairman of the Committee for a town area and President of the committee for a notified area, contiguous to the Khand and declared as such by order in writing by the District Magistrate of the district in which the Khand lies. (iii) so many representatives, being neither less than two nor more than five, as the State Government may by notification in the Gazette fix of such co-operative societies or groups thereof as have their registered offices within the Khand and fulfil the requirements which the State Government may by order specify to be chosen in the manner prescribed. (iv) all members of the House of the people and the State Legislative Assembly whose constituencies include any part of the Khand and every such member, if any whose constituency includes no rural area but whose place of residence is in the district in which the Khand is situated and who on being required by the State Government in the prescribed manner to choose any Khand in the district has chosen the Khand and (v) all members of the Council of State and the State Legislative Council who have their residence in the Khand and every such member whose place of residence is in the district in which the Khand is situated but not in the rural area and who on being required by the State Government in the prescribed manner to choose any Khand of the district has chosen the Khand. (2) Subject to the provisions of Sub-section (2) of Section 10, the members mentioned in clauses (i), (ii), (iv) and (v) of Sub-section (1) shall, subject to the conditions and in the manner prescribed co-opt the following as members of the Kshettra Samiti, namely. (i) person not exceeding two in number who may appear to the co-opting members to be interested in planning and development. (ii) if the number of women amongst the members mentioned in Sub-section (1) is less than five so many women as will make their number five in all and. (iii) if amongst the members mentioned in Sub-section (1) the number of members belonging to Scheduled Castes, if any, is less than eight so many persons, belonging to Scheduled Castes as will make their number eight in all.";