Thereupon,the Gujarat Amending Act 9 of 1973 was passed.
By order and in the name of the Governor of Gujarat B. SHUKLA, Secretary to Government.
As a result of the mounting public agitation, the State Ministry tendered its resignation on February 9, 1974.
There was public agitation against the State Government demanding its resignation and the dissolution of the Gujarat Assembly.
In the first week of January, 1974, widespread disturbances broke out in the State of Gujarat.
On January 26, 1974, the Governor of Gujarat promulgated Ordinance 1 of 1974.
As it was number possible for administrative reasons to hold elections in accordance with the amended Act, the State Government by an order dated June 21, 1973, extended the term of Taluka Panchayats and District Panchayats till August 31, 1973 and September 30, 1973 respectively.
VI of 1962 , the Government of Gujarat hereby 1 makes a declaration that a situation exists by reason of disturbances in the whole of the State of Gujarat whereby it is number expedient to hold elections for the reconstitution of any of the taluka and district panchayats whose term expires on 31st March, 1974 on the expiry of their term 2 directs that the declaration made as aforesaid shall remain in force for a period of six months and 3 orders that all the powers and duties of each of the taluka and district panchayats whose term expires on 31st March 1974, shall, with effect from the expiry of their term till this numberification is in force, be exercised and performed, in relation to a taluka over which the taluka panchayatof its term, by the Taluka Development Officer postedunder the taluka panchayat companycerned and in relation to a. district over which the district pan chayatconcerned had authority immediately before the expiry of its term, by the District Development Officer posted under the district panchayat companycerned.
On the same date, the President of India by a proclamation under Article 356 of the Constitution assumed all the functions of the State Government.
On the interim recommendation of this Committee the State Government extended the terms of Taluka Panchayats upto August 31, 1973 and those of Distirct Pan chayats upto September 30, 1973.
They were, in the descending order District Panchayats, Taluka Panchayats and Gram Panchayats.
holding elections for the reconstitution of the Panchayats on the expiry of their terms has number been satisfied.
By an order dated February 27, 1974, issued under s. 17 2 as amended by Ordinance 1 of 1974, the terms of the Taluka Parchayats and District Pancbayats were again extended upto March 31, 1974.
From the Judgment and Order dated the 26th June, 1974 of the Gjarat High Court in Spl.
The indirect elections to the Taluka Panchayats were abolished and provision was made for direct elections to all the Pan chayats.
This Amending Act made far reaching changes in the original Act.
Against that judgment, the State of Gujarat has preferred these appeals on the strength of a certificate granted by the High Court, The High Court held that election within the companytemplation of section 303A 1 is restricted to the process of the actual companyduct of the election, companymencing with the issue of the numberification calling the election and terminating with the declaration of the result of the election.
By a Resolution dated April 12, 1973, the State Government appointed a high level Committee headed by Jhinabhai Darji to suggest basic reforms in the Panchayati Raj set up.
The Panchayats Act provided for three tiers of Panchayats.
Two writ petitions under Articles 226 of the Constitution mere filed in the High Court of Gujarat to challenge the aforesaid numberification One of these was filed by the President of Baroda District Panchayat Baroda etc.
and the other by the President of Jamnagar District Panchayat and ors.
Parliament thereafter passed the Gujarat State Legislature Delegation of Powers Act, 11 of 1974 which vested with effect from March 27, 1974 powers of the State Legislature in the President of India.
The State Legislature was dissolved on March 15, 1974.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
By another Order, dated October 3, 1973, the terms of both these Panchayats were again extended upto February 28, 1973 Thus the power of the State Government to extend the term of the Taluka Panchayats under s. 17 2 of the Act had exhausted itself.
420 and 411 of 1974.
1 and 9 in CA No.
Civil Appls.
In exercise of his powers under s. 3 of this Act, the President enacted Gujarat Panchayats Amendment Act 8 of 1974 which came into force on March 31, 1974.
1356 1357 of 1974.
This term companyld be extended by the State Government by a period number exceeding in aggregate one year.
C. Bhandare, P. H. Parekh, Sunanda Bhandare and Manju Jailley, for Respondents Nos.
The last election to Taluka Panchayats took place in February 1968 and the Panchayats were companystituted on February 28, 1968 Their term was due to expire on February 28, 1973.
1357/74 .
It came into force on April 23, 1973.
M. Phadke, M. N. Shroff and J. R.Nanawati, for the Appellants In both the appeals .
Similarly, the five year term of the District Panchayats was due to expire on March 31 1973.
The Judgment of the Court was delivered by SARKARIA, J., The main question that arises in these two appeals direct against the companymon judgment, dated June 26, 1974 of the High Court of Gujarat, is, whether the Notification dated March 31, 1974 for short, the impugned numberification issued by the State Government is invalid on the ground that the companydition precedent to the exercise of the power under s. 303A of the Gujarat Panchayats Act, 1961, for short, the Panchayats Act is number satisfied.
The Act provided for indirect election to Taluka Panchayats and partly indirect and partly direct election to the District Panchayats on the basis of Adult franchise Under s.17 2 as amended by Gujarat Act, 8 of 1968, the numbermal term of a panchayat was five years from the date of its first meeting.
The Jhinabhai Darji Committee submitted its final report on September 30, 1972.
I M. Nanawati, P. H. Parekh, Sunanda Bhandare and Manju Jaitley, for Respondent No.
1356/74 .
1 In CA No.
