PRAHLAD DAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) "We must, as a united people keep ablaze in this continent the flames of human liberty, reason, democracy and fair play as living things to be preserved for the better world that is to come". This was what President Roosevelt of America said in his new year message in 1940. Indeed fair play and reason are the twin ideals which must be preserved for a better future of this Great Nation which is surging forward to enter 21st Century on the basis of an electoral system which is the largest and has no parallel on this planet.

(2.) The concept of democracy as visualised by the Constitution presupposes the representation of people in Governmental functions through the medium of elected representatives. The constitutional machinery which was visualised by the founding fathers restricted this machinery to the Parliament and State Legislatures. By Constitution seventy-third and seventy-fourth Amendment Acts of 1992 similar superstructure has been provided to conduct elections to Municipalities and Panchayats. This machinery visualises the existence of an executive charged with a duty to carry out all matters provided under the law relating to or in connection with elections. This has been placed under the supervision and control of the State Election Commission Part IX of the Constitution deals with elections to Panchayat and Part IXA deals with Municipalities. However Part IX is relevant for the elections to Municipalities as well as Art.243K occurring in Part IX dealing with Panchayats which provides for State Election Commission. It is the powers of Commission with regard to :

(3.) These are : (1) Prahlad Das v. State of M. P. Writ Petition No. 1297 of 1993 and (2) Sardar Gurcharan Singh v. State of M. P., Writ Petition No. 1253 of 1994.