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Issues: Whether the non-obstante clause in section 7(3) of the Uttar Pradesh Kshettra Panchayat and Zila Panchayat Act, 1961 preserves the right of the pre-amendment Up-Pramukh to discharge the functions of Pramukh when that office falls vacant, or whether section 9(2) and section 9A empower the District Magistrate to make a temporary arrangement.
Analysis: The Amendment Act of 2007 was introduced to bring the State Panchayat law in conformity with Part IX of the Constitution and to abolish the office of Up-Pramukh, while section 7(3) merely protected those already elected to that office so that they could continue to hold it till expiry of their term. The non-obstante clause in section 7(3) could not be read as overriding the amended scheme in its entirety, because such a reading would revive deleted provisions and render sections 9(2) and 9A ineffective. The expression "continue to hold office as such" was construed to mean continuance only as Up-Pramukh, not continuance of the earlier right to act as Pramukh.
Conclusion: The District Magistrate had authority under sections 9(2) and 9A to make the temporary arrangement, and the pre-amendment Up-Pramukh did not retain any automatic right to function as Pramukh.
Ratio Decidendi: A non-obstante clause must receive a restricted construction consistent with the statutory scheme, and it cannot be interpreted to nullify express amended provisions or to revive deleted rights unless such overriding intent is clearly shown.
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