AIR 2011 UTTARAKHAND 56 ::2011 (4) All LJ 204 ::(2012) 115 RevDec 246 ::(2011) 3 UC 2122

Uttarakhand High Court

Hon'ble Judge(s): Barin Ghosh , C.J. AND V. K. Bist , J

Constitution of India , Art.243E— Uttar Pradesh Panchayat Raj Act (26 of 1947) , S.12(3A)— Uttar Pradesh Kshetra Samitis and Zilla Parishads Adhiniyam (33 of 1961) , S.8, S.20— Expiry of term of Panchayat - Art. 243-E mandates that before expiry of term of Panchayat, election of new Panchayat should be completed - There is no scope for appointment of Administrative or extension of existing Panchayat. Article 243-E of Constitution mandates that before expiry of the term of Panchayat, election of new Panchayat, who would succeed the existing Panchayat, should be completed. That being the situation, there is no scope of appointment of an Administrator, nor there is any scope of extension of an Administrator, nor there is any scope of extension of an existing Panchayat. When the constitutional mandate is that an election to constitute a Panchayat shall be completed before expiry of the duration of the existing Panchayat, there is no question of providing in the Act, dealing with the subject made by the State Legislature anything contrary to completion of election of a Panchayat before the time specifically mentioned in the Constitution. There is, therefore, no premises to proceed on the basis that it is not practicable to hold election to constitute a Gram Panchayat or a Kshettra Panchayat or a Zilla Panchayat within the time as specified in Article 243-E of the....