TaxTMI 
TaxTMI 
1974 (10) TMI 115
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....ed for indirect election to Taluka Panchayats and partly indirect and partly direct election to the District Panchayats on the basis of Adult franchise Under Section 17(2) as amended by Gujarat Act, 8 of 1968, the normal term of a panchayat was five years from the date of its first meeting. This term could be extended by the State Government by a period not exceeding in aggregate one year. 3. The last election to Taluka Panchayats took place in February, 1968 and the Panchayats were constituted on February 28, 1968. Their term was due to expire on February 28, 1973. Similarly, the five-year term of the District Panchayats was due to expire on March 31, 1973. 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. On the interim recommendation of this Committee the State Government extended the terms of Taluka Panchayats upto August 31, 1973 and those of District Panchayats upto September 30, 1973. The Jhinabhai Darji Committee submitted its final report on September 30, 1972. Thereupon, the Gujarat (Amending) Act 9 of 1973 was passed. It came into force on April 2....
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....State Government is satisfied that a situation exists by reason of disturbances in the whole or any part of the State of Gujarat, whereby- (i)* * * (ii) It is not possible or expedient to hold elections for the re-Constitution of a panchayat on the expiry of its term the State Government may, by notification in the Official Gazette; make a declaration to that effect. (2) A notification issued under Sub-section (1) in relation to any panchayat shall remain in force for such period, not exceeding six months, as may be specified therein: Provided that if the State Government is of the opinion that it is necessary so to do, it may, by order and for reasons to be mentioned therein, extend, from time to time, the period so specified, so, however, that the notification shall not in any case remain in force for -more than one year in the aggregate. (3) On the issue of a notification under Sub-section (1) in relation to any panchayat,- (a) all the members of such panchayat shall vacate their office as such members; (b) all the power and duties of such panchayat shall, during the period when such notification is in force, be exer....
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....it petitions under Articles 226 of the Constitution were filed in the High Court Gujarat to challenge the aforesaid notification. One of these was filed by the President of Bareda District Panchayat Baroda etc. and the other by the President of Jamnagar District Panchayat and Ors. The petitions were heard by a Division Bench which by a common judgment accepted the same holding that the impugned notification was illegal, invalid and bad in law because the a edition precedent to the exercise of the power under Section 303A viz., holding elections for the reconstitution of the Panchayats on the expiry of their terms has not been satisfied". Against that judgment, the State of Gujarat has preferred these appeals on the strength of a certificate granted by the High Court. 10. The High Court held that "election" within the contemplation of Section 303A(1) is restricted to the process of the actual conduct of the election, commencing with the issue of the notification calling the election and terminating with the declaration of the result of the election. In its view the delimitation of constituencies or wards preparation of electoral rolls, and framing of rules for conducting election....
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....t to the exercise of the power. The second is a matter of subjective satisfaction of the Government and is not justiciable. Once a reasonable nexus between such satisfaction and the facts constituting the first requirement is shown, the exercise of the power by the Government, not being colourable or motivated by extraneous considerations is not open to judicial review. Thus the question that could be objectively considered by the Court in this case was: Did a situation arising out of disturbances exist in the State of Gujarat on the date of the impugned notification ? 12. The fact that there were serious disturbances throughout the State of Gujarat in January and in the first fortnight of March, 1974, has not been seriously disputed by the learned Counsel for the respondents. From the counter-affidavit filed on behalf of the State, it appears that these disturbances continued throughout March, 1974. Shri Satyendra Shah, Joint Secretary to Government of Gujarat has sworn that "disturbances on a wide scale occurred in all parts of the State-both in the urban as well as in the rural areas, resulting in Loss of human life and considerable damage to property. This ultimately resulte....
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....ded, erred in treating the completion of the preliminaries, such as compilation of electoral rolls and formation of constituencies, virtually as a condition precedent to the exercise of the power, though the only condition precedent laid down by the statute which could be tested by objective standards was the existence of the situation created by the disturbances. 17. Mr. Nanawati, learned Counsel for the respondents (whose arguments have been adopted by Mr. Bhandare, appearing for respondents 1 and 9), submitted that the High Court was right in holding that the preliminaries such as delimitation of constituencies etc. belong to a stage, anterior to the conduct of elections and therefore do not fall within the ambit of the phrase "to hold elections". The point pressed into argument, is that Section 303A presupposed that the election machinery was ready and all the preliminary steps for holding the elections, such as compilation of the voters' lists and formation of wards etc., had been completed but the process of election had not yet started when disturbances intervened. Since that stage had not yet reached, the power could not be exercised. 18. It may be remembered that....
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....e utility rather than principle, conducive to a special advantage rather than to what is universally right" (see Webster's New International Dictionary). 21. Since Section 303A has been designed to enable the Government to get over a difficult situation surcharged with dangerous potentialities, the Court must construe the aforesaid phrases in keeping with the context and object of this provision, in their widest amplitude. Under the provision the Legislature has given to the Government a discretionary power to meet the challenge of an extraordinary situation arising out of the disturbances. The Court therefore would eschew an interpretation which attenuates that power or impair its efficiency. 22. Nor would the Court sit in appeal over the opinion of the State Government as to the "inexpediency of holding elections". The statute has made that matter the sole preserve of the Government. AH that the Court could enquire was, whether the condition precedent which is an objective fact to the exercise of this power, existed. By no stretch of imagination could it be said that the power under Section 303 is 'exercisable only after the completion of preparatory steps prelimina....
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.... Avers he: I deny that no efforts were at all made to hold elections of the Taluka Panchayats or the District Panchayats before March 31, 1974. In fact the process of holding elections was initiated as early as in August 1973, when the Development Commissioner called for the proposals for the delimitation of constituencies from the Collectors. The Development Commissioner had also instructed Collectors to consult tahka Panchayats and district Panchayats while formulating the proposals of delimitation of the constituencies. An Assistant Development Commissioner visited most of the districts to expedite the formulation of those proposals. In the meantime, the terms of taluka panchayats and district panchayats was first extended upto 28-2-1974 and then extended upto 31-3-1974 as set out herein above. However, due to widespread disturbances throughout the State of Gujarat, the situation was such that it was not expedient to hold elections for the reconstitution of any of the taluka and district panchayats. 26. In the counter it is also stated that one of the demands of the agitators was that the terms of the panchayats, who had served more than their normal terms, should no....