S.H.A. Raza, J. - (1.) The main grievance of the petitioners in this writ petition is that the respondents have not constituted Block Development Committees according to law by holding the elections of the Block Pramukhs in the entire State of U.P. Mr. R N. Gupta, the counsel for the petitioner submitted that the old Block Pramukhs, whose term have been expired are allowed to continue in the said office without any authority of law. On behalf of the Election Commission, it was submitted that the election could not be held due to the request of the State Government. Although notifications were issued thrice but the elections could not be held.
(2.) On behalf of the State Election Commission it was asserted that the State Election Commissioner has been making sincere efforts to hold the election for the Chair Person and Senior and Junior Vice Chair Persons of the Gram Panchayat, Kshetra Panchayat and Zila Panchayat, but the Government has been asking for its postponement for one or the]other reason. On 22-5-1995, for the first time the notification was issued by the Election Commission but the State Government made a request for adjourning the elections on the ground of law and order situation as Moharram coincided with the schedule of the elections and during that period Government was also changed. Again on 18-9-1995, the notification was issued but the State Government again made a request for the postponement of the election for the reason that annual conference of the chair persons of Panchayat body was to be held at the behest of Government of India. Lastly on 7-12-1995 when the process of election was again notified, the Government informed the State Election Commission that it wanted to introduce reservation for the post of chair person and vice chair persons of the three tier elections, namely Gram Panchayat, Kshetra Panchayat and Zila Panchayat. On ail the three occasions, the elections were postponed on the request of the State Government. The State Election Commission had to agree to the postponement as necessary staff to hold the election to the aforesaid offices, which has to be made available by the State Government under Article 243-K (3) of the Constitution of India was not made available. In absence of which it was rather difficult to hold the election.
(3.) The grounds for postponement of the election process indefinitely thrice does not appear to be reasonable. If the Schedule of the election coincided with the Moharram, the State Election Commission could have altered or amended earlier notification by advancing the dates of the election for few days but instead the election was postponed indefinitely. The reasons for the postponement of the election process again on the ground that some conference was to be held at Delhi on the same period also appears to be misconceived, in as much as either the dates of conference could be changed or the dates of the election could be altered or amended but the entire process of holding the election was stalled indefinitely. If the State Government wanted to provide reservation for certain posts it could have done by issuance of an ordinance or Government Orders, but the same was not done and for that reason the postponement of the election again indefinitely does not either enhance the reputation of the State Election Commission or the State Part IX of the Constitution of India which was inserted by the 73rd Amendment Act 1992 has generated the faith of the people that the State actually intended to strengthen the democratic traditions, the fulfill the wishes of the Father of Nation that freedom and democracy should usher in from village level. The three tier of the election of Gram Panchayats, Kshetra Panchayats and Zila Panchayats took place simultaneously in the month of April, 1995 the process of election for the chair person of the Gram Panchayat named Gram Pradhan has also been completed somewhere in the month of April, 1895 but even after a lapse of eight months the election for the chair persons, senior and vice chair persons of the Kshetra Panchayat did not take place, as a result of which the erstwhile chair persons, senior and vice chair persons Kshatriya Pahchayats whose term have already been expired have been continuing to usurp all the offices without any authority of law. This court fails to understand the reason for not completing the process of the election for Pramukh, senior and Up-Pramukh and the other statutory bodies in accordance with the provisions of the constitution and the Kshetri'/a Panchayat Act.;