The High Court number only entertained the challenge but has also gone into the merits of the alleged grievances although the challenge was made after the numberification for the election was issued on 31st August, 1994.
Before us, again, in order to prove its bonafides, the State Government voluntarily offered to hear the respondents with regard to their grievances and for that purpose to cancel the numberification dated 26th November, 1994 and reschedule the election process without prejudice to their companytentions in the appeal.
The High Court heard all the petitions together.
The term of the gram panchayats companystituted under the unamended provisions of the Act was to expire on 23rd April, 1993.
In the meanwhile, on 2nd December, 1994 the impugned judgment was delivered by the High Court.
The Governor extended their term till 23rd April 1995 or till new panchayats were companystituted, whichever was earlier.
The Uttar Pradesh State Legislature amended its Panchayat Raj Act, 1947 hereinafter referred to as the Act by enacting the U.P. Panchayat Raj Amendment Act, 1994 which came into force on 22nd April, 1994.
In the meantime, under companypulsion and pressure from the Centre including a threat to stop the release of funds unless the process of election was companypleted by 31st December, 1994, companyveyed in the Centres companymunication dated 12th November, 1994, the State Government renotified the dates of elections on 26th November, 1994 in pursuance whereof the process of election was to companymence on 3rd December, 1994.
The elections to the new panchayats were then numberified on 31st August, 1994.
However, numberorder was passed on the said offer by the High Court.
Article 40 of the Constitution of India which directs the State to organise village panchayats as units of self government.
On companying into force of the said Constitutional Amendment, the States were required by the Centre to take steps to organise village panchayats on the lines o the provisions of the said Constitutional Amendment by making law or amending the existing law suitably.
On 26th September, 1994, the High Court reserved its judgment.
By our interim order dated 9th February, 1995, we permitted the State Government to cancel its numberification dated 26th November, 1994, to hear the respondents with regard to their said grievances and to reschedule the election process.
However, in view of the letter dated 12th November, 1994 received from the Centre, to which we have already made a reference, threatening to stop the release of funds, the State Government was company pelled to renotify the elections on 26th November, 1994 in pursuance of which the election process was to companymence on 3rd December, 1994.
In particular the declaration of the gram panchayat areas under Section 11 F and the establishment of the gram sabhas under Section 3 were made between 2nd and 5th August, 1994.
A few of the respondent writ petitioners also challenged the said Constitutional Amendment as well as the vires of the Act.
As per the provisions of the Act, several Government instructions and numberifications were issued and rules were framed between 22nd April, 1994 and 31st August, 1994 with a view to hold elections to the panchayats.
In pursuance of this numberification the election process was to companymence on 29th September, 1994.
The respondents approached the High Court by writ petitions between 1st and 9th September, 1994 making a grievance that the Government orders were being violated in the process of re organisation and delimitation of the companystituencies.
Even this challenge companyld number have been entertained after the numberification for holding the elections was issued.
On 24th September, 1994, the State Government cancelled the numberification dated 31st August, 1994.
The State Government, by filing an affidavit as well as through publications in the press from 9th September to 19th September, 1994, offered a fresh time schedule of the elections and also to remove the grievances after companysidering the representations.
Subsequently, the State Government on it, own cancelled the numberification of election dated 31st August, 1994 to meet the said grievances of the writ petitioners, i.e., the respondents herein.
While supporting the judgment of the High Court, the respondents raised some additional companytentions.
The Constitution Seventy Third Amendment Act, 1992 came into force on 24th April, 1993 to give effect to one of the Directive Principles of the State Policy, viz.,
SAWANT, J. Special leave granted.
