AIR 2005 MADHYA PRADESH 170 ::2005 (2) MPLJ 353 ::(2005) 2 MPHT 127

Madhya Pradesh High Court

Hon'ble Judge(s): Deepak Mishra, A. K. Mishra, A. K. Shrivastava , JJJ

Madhya Pradesh Panchayat Avam Gram Swaraj Adhiniyam (1 of 1994) , S.6(2)— Validity - Meeting of Gram Sabha - Quorum - Not less than one-fifth of total number of Gram Sabha shall form quorum - Second limb of S. 6(2) providing that "out of which not less than one-third shall be women members and members of Scheduled Castes and Scheduled Tribes shall be represented in proportion to their population in the "Gram Sabha" - Is ultra vires the Constitution - Being severable from other part of S. 6(2), declared unconstitutional. Constitution of India , Preamble, Art.14, Art.15, Art.243, Art.243A, Art.243B, Art.243D, Art.243G, Art.243H— S. 6(2) provide quorum for meeting of "Gram Sabha". The second limb of S. 6(2) intending that 'out of which not less than one third shall be women members and members of Scheduled Castes and Scheduled Tribes shall be represented in proportion to their population in the "Gram Sabha" is unconstitutional.(Para 45 46) There is no constitutional mandate under Arts. 243, 243-A, 243-B, 243-D, 243-G and 243-H that provides constituent of quorum pertaining to the mandatory presence of specific women members and members of the Scheduled Castes and Scheduled Tribes. It cannot be said that the constitution of quorum as has been envisaged by the State Legislature is inferentially pe....