- (1.) PALOK Basu, J. Sri Virendra son of Late Sri Markandey has filed this writ petition with the prayer that the order dated 14-6-1995 (Annexure 4) passed by the District Panchayat Raj Officer, Varanasi, be quashed by issuing a writ in the nature of certiorari. It is further prayed that a mandamus be issued quashing the provisions of 60 days limitation as brought about by sub-section (3) of Section 27-C which has been incorporated by U. P. Ordinance No. 25 of 1995 known as U. P. Panchayat Laws (III) Amendment Ordinance, 1955 (for short, the Ordinance) whereby the aforesaid Section 27-C has been added in the U. P. Kshettra Panchayat and Zila Panchayats Adhiniyam, 1961 (herein after referred to as the Act.)
(2.) SRI R. N. Singh, Advocate, assisted by SRI A. P. Sahi has been heard at sufficient length in support of the pleas taken in the writ petition which is opposed by SRI Kirpa Shanker Singh, learned Standing Counsel on behalf of the State of U. P. and SRI Aditya Narain Singh on behalf of opposite party No. 4, U. P. State Election Commission. Since the matter is of extreme urgency and of significance and con sequence, a reasoned order has been prayed for by the learned counsel for the petitioner which on the facts and circumstances of the case appears to be justified and hence even at the admission stage, this reasoned order is being pronounced in Court. Two fold arguments have been advanced by Sri R. N. Singh, Advo cate. He has argued that Section 27- C (3) may be attracted only when all elections upto the stage of Zila Panchayat are over. The argument proceeds that it is not possible to invoke the mischievous clause of '60 days' limitation against elected citizens like the petitioner when the elections for the office of Pramukh from out of Kshettra Panchayats constituencies, stand deferred for the time being. His second argument is that in view of the provisions con tained in Section 14 of the Act, Panchayat Raj Officer, Varanasi was not empowered to pass the impugned order to invoke against the petitioner the deeming clause of losing Membership in the Kshetira Panchayat thereby pie-venting him from fighting the election of Pramukh of Kshettra Panchayat concerned.
(3.) SOME relevant facts may be stated. Elections for members of Kshettra Panchyat in Varanasi for Chandauli Constituency were held on 7-4-1995 and the petitioner was declared elected as member of Kshettra Panchayat Chandauli, Varanasi on 21-4-1995. The petitioner had simultane ously filed nomination for member of Zila Panchayat and by the result dated 21-4-1995 he was also declared successful as member of Zila Panchayat, Varanasi. Further facts are that under the present law the Panchayat elections has three tier system, i. e. Gram Panchayat, Kshettra Panchayat and Zila Panchayat. Gram Panchayat came into existence in view of the Section 6 of the U. P. Panchayat Raj Act. Kshettra Panchayats are created in accordance with the provisions under Section 7 of the Act and likewise Zila Panchayats are constituted in accordance with the provisions of Section 10 of the said Act. Pramukhs and Up-Pramukhs, who are chair-persons of Kshettra Panchayats are elected by virtue of Section 7. It may be noted here that Adhyaksha and Upadhyaksh of Zila Panchayats who are chair-persons of the Zila Panchayats likewise are to be elected by virtue of provisions of Section 19 of the Act. Initially the state of U. P. had notified that elections for Pramukhs (Block Pramukhs) will be held on 12-6-1995 but, admittedly, the said elections for the office of Block Pramukhs have been postponed till September, 1995. It may be mentioned here that elections for the office of Adhyaksha and Upadhyaksha of Zila Panchayats are already over and results were declared on 22-5-1995. However, the notification by which the Ordinance has been promulgated came to be passed on 20-5-1995 by virtue of Section 7 of the Ordinance, Sec tion 27-C having three sub-sections, has been added after Section 27-B of the Act. For ready reference the aforesaid Sections 7 of the Ordinance is quoted:;