After the establishment of Gram Sabhas throughout the State under s. 3 of the Act, the State Government in accordance with s. 103 divided the Mandsaur District into eight blocks with Manasa Block as one of them where a Janapada Panchayat was to be established.
As already stated the elections to the Gram Panchayats were held on November 8, 1970 and on November 14, 1970 the Collector numberified the result of the elections and the Gram Panchayats assumed office on that date.
3 The impugned numberification seeking to alter the companystituencies did number pertain to the Manasa Block alone but to many other blocks in the district and therefore the allegation that the issuance of the numberification was actuated with political motives was wholly without basis.
And 4 The provisions companytained in ss.
After companysideration of the objections raised the State Government by numberification dated September 26, 1969 divided the block into twenty companystituencies with one representative to be elected from each companystituency.
105 and 106 of the Act, the State Government by a numberification dated September 26, 1969 divided this Block into twenty companystituencies from which the representatives of the Janapada Panchayat, Manasa were to be elected, with one representative to be elected from each companystituency.
After the companystituencies were numberified, the elections to the Gram Panchayats in the block were companypleted on November 8, 1970 and they were duly numberified by the Collector, Mandsaur on November 14, 1970.
All of a sudden, while the process of election of members to the Janapada Panchayat was on, the State Government issued the impugned numberification dated November 25, 1970 under sub s. 1 of s.106 of the Act seeking to alter the companystituencies of the block.
From the Judgment and Order dated 4.1.1972 of the Madhya Pradesh High Court in Miscellaneous Petition No.
Put very briefly, the essential facts are these.
On the same day, the new Gram Panchayat assumed office.
The respondent, accordingly, sought a writ in the nature of mandamus and other appropriate writs, orders and directions under Art.226 of the Constitution directing the State Government to forebear from giving effect to the impugned numberifications.
It is a matter of redistribution of a Gram Sabha into companystituencies.
On November 25, 1970, the State Government published a numberification purporting to be under s. 106 of the Act for a re distribution of the companystituencies of the block.
105 and 106 of the Act do number make it obligatory on the part of the State Government to afford an opportunity of raising objections and therefore the State Government was justified in issuing the impugned numberification.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In assailing the validity of the impugned numberification dated November 25, 1970, the respondent pleaded, inter alia, that the State Government had number statutory power under s. 106 of the Act to alter or modify the companystituencies once the same had been numberified and the process of election had started, that the issuance of the impugned numberification was mala fide and politically motivated with a view to further the prospects of the party in power and that, even otherwise, assuming that there was such a power in the State Government to alter or modify the companystituencies of a block during the progress of election to the Janapada Panchayat, the impugned numberification for re distribution of the companystituencies for the Manasa was illegal and inoperative as it had been published without affording an opportunity to the electorate to raise any objection.
21 of 1971.
Under ss.
105 and 106 of the Act purporting to restructure the companystituencies of the Manasa Block.
K. Dholakia, S.K. Gambhir, Ashok Mahajan and Mrs. Sunita Kriplani for the Respondent.
2472 of 1972.
The Judgment of the Court was delivered by SEN, J. The issue involved in this appeal on certificate from a judgment and order of the Madhya Pradesh High Court dated January 4, 1972 is as to the powers of the State Government under s. 106 of the Madhya Pradesh Panchayats Act, 1962 to modify or alter the companystituencies of a block once delimited by a numberification issued thereunder after the process of election of members of the Janapada Panchayat has started particularly, without affording an opportunity to the electorate to raise any objection.
By the judgment under appeal, a Division Bench of the High Court has held that the provisions of the Act do number companyfer any power on the State Government to modify or alter the companystituencies once fixed by a numberification issued under sub s. 1 of s.106 of the Act and fixing the number of members to be elected from each companystituency.
On the question involved, companyflicting views have been expressed by two Division Benches of the High Court and the High Court certifies that the question raised is one of frequent occurrence and great importance.
The High Court referred to the scheme of the Act, particularly to s. 103 which companytemplates the division of blocks into companystituencies.
K. Puri for the Appellants.
It accordingly struck down the impugned numberification issued by the State Government dated November 25, 1970 under ss.
The appellants companytested the writ petition filed by the respondent on various grounds, namely 1 The Gram Panchayats and Janapada Panchayats are two distinct and separate entities and the Act envisages independent elections to be held for the same.
On November 29, 1970, the Collector also issued a numberification reallocating the reserved seats for the Scheduled Castes and Scheduled Tribes.
The respondent who had been elected as the Sarpanch of the Gram Sabha, Alhed and was thus qualified to companytest the elections of the President and Vice President of the Janapada Panchayat, Manasa, filed a petition in the High Court under Art.226 of the Constitution challenging the validity of the impugned numberification dated November 25, 1970 issued by the State Government for re delimitation of the companystituencies of the block and the numberification by the Collector dated November 29, 1970 for the reallocation of the reserved seats for the Scheduled Castes and Schedule Tribes.
