ORDER
Rama Jois, J.
1. As vital questions of National importance concerning the necessity of always maintaining the democratic character of Local Self Governments arise for consideration in this Writ Petition presented by 15 citizens/voters, who are residing in various villages situate in different Districts of the State aggrieved by the indefinite postponement of election to all the Zilla Parishads in the State, inter alia, praying for the issue of a Writ of Mandamus to hold elections to those bodies in accordance with the Legislative mandate incorporated in the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 ('the Act' for short), the same has been referred to Division Bench under Section 9 of the Karnataka High Court Act.
2. The brief facts, circumstances and statutory provisions, which have given rise to the petition, are these:-
(i) The Act was enacted by the State Legislature, in exercise of its legislative power under Articles 245 and 246 of the Constitution of India read with Entry 5 of List II of its Seventh Schedule and for the purpose of implementing the Directive Principle enshrined in Article 40 of the Constitution for the purpose of establishing local self Government to wit, Panchayat Raj institutions as local self Governments, Entry 5 of State List, Article 40 and the Preamble to the Act read;
(1) ENTRY 5 OF LIST II:-
'5. Local Government, that is to say, the Constitution and powers of Municipal Corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration.' xxx xxx xxx (2) 'ARTICLE 40:- The Stale shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self- government.
(3) PREAMBLE TO THE ACT:
'An Act to provide for the constitution of Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats and other matters connected therewith.
Whereas it is expedient to provide for the establishment in rural areas, of Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats to assign to them local government and judicial functions and to entrust the execution of certain works and development schemes of the State Five Year Plans to the Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and to provide for the decentralisation of powers and functions under certain enactments to those local bodies for the purpose of promoting the development of democratic institutions and securing a greater measure of participation by the people in the said plans and in local and Governmental affairs and for purposes connected with and incidental thereto.'
The Act brought into existence the Panchayat Raj system of local self Government in a comprehensive manner. It provided for the establishment of Panchayat Raj Institutions, such as Zilla Parishads for each District and Taluk Panchayat Samithis for each Taluk and Mandal Panchayats for a group of villages constituted into a Mandal Panchayat and Nyaya Panchayats. The Act repealed the earlier law on the topic, namely, the Karnataka Village Panchayats and Local Bodies Act, 1959, which was considered as not fulfilling the requirements of a full and effective Panchayat Raj system as envisaged by Article 40 of the Constitution.
(ii) The provisions of the Act, which are relevant to the constitution and organisation and election and the term of office of elected members are:
'138. Establishment of Zilla Parishads and their incorporation: (1) For each district, there shall be a Zilla Parishad having jurisdiction, save as otherwise provided in this Act, over the entire district excluding such portions of the district as are included in a municipality or are under the authority of a municipal corporation, a sanitary board, a town beard or a notified area committee constituted under any law for the time being in force:
Provided that a Zilla Parishad may have its office in any area comprised within the excluded portion of the district and in such area may exercise its power and functions over schools and other institutions under its control or management. (2) Every Zilla Parishad shall be a body corporate by the name of '........ Zilla Parishad', shall have perpetual succession and common seal and subject to such restrictions as are imposed by or under this or any other enactment, shall be vested with the capacity of suing or being sued in its corporate name, or acquiring, holding and transferring property moveable or immoveable, whether without or within the limits of the area over which it has authority of entering into contracts and of doing all things, necessary, proper or expedient for the purpose for which it is constituted.'
'139. Composition of Zilla Parishad -
(1) Every Zilla Parishad shall consist of elected members as is determined under Section 140.' '140. Elected members: The elected members of the Zilla Parishad shall consist of persons elected from the Taluks in the district, the number of members to be elected from each taluk being fixed in accordance with the scale of one member for twenty eight thousand or part thereof of the population except for Kodagu district where it shall be one member for twelve thousand or part thereof of the population.'
xxx xxx xxx '142. Reservation for women - Seats shall be reserved in a Zilla Parishad for women and the number of seats so reserved shall not be less than twenty-five per cent of the number of elected members:
Provided that out of the seats so reserved one seat shall be reserved for a woman belonging to the Scheduled Castes or the Scheduled Tribes.' '143. Reservation for Scheduled Castes and Scheduled Tribes -
(1) Seats shall be reserved in a Zilla Parishad for the Scheduled Castes and Scheduled Tribes and the number of seats reserved shall bear, as nearly as may be, the same proportion to the total number of elected members in a Zilla Parishad as the population of the Scheduled Castes and Scheduled Tribes in the district bears to the total population of the district:
Provided that such reservation shall not be less than eighteen percent of the total number of seats in the Zilla Parishad. (2) Nothing contained in this section shall be deemed to prevent the members of the Scheduled Castes and Scheduled Tribes or women for whom seats have been reserved in Zilla Parishad from standing for election to the non-reserved seats in such Zilla Parishad.'
'144. Delimitation for territorial constituencies - (1) Subject to the provisions of Sub-section (2), the Government shall, by notification, '
(a) divide the area within the jurisdiction of every Zilla Parishad, for the purpose of election to such Zilla Parishad into as many as single member territorial constituencies as the number of members required to be elected under Section 140;
(b) determine the extent of each territorial constituency which shall be a taluk or part of a taluk; and
(c) determine the territorial constituency or constituencies in which seats are reserved for the Scheduled Castes and Scheduled Tribes and women.
(2) Where a taluk is formed into two or more territorial constituencies, the ratio between the number of members to be elected from each territorial constituency in that taluk and the population of the constituency shall, as far as practicable, be the same throughout the taluk.'
XXX XXX XXX '147. Right to vote: (1) Every person whose name appears in the electoral roll relating to a constituency shall, subject to vote at any election which takes place in that constituency while the electoral roll remains in force and no person whose name does not appear in such electoral roll shall vote at any such election.'
'148. Electoral roll: The electoral roll of the Karnataka Legislative Assembly for the time being in force such as part of the District as is included in any constituency of the Zilla Parishad shall, for the purposes of this Act be deemed to be the electoral roll of the Zilla Parishad for such constituency;
Provided that the electoral roll for such constituency of the Zilla Parishad shall not include any amendment transposition, inclusion or deletion of any entry made after the last date for making nomination for the election to such constituency and before the completion of such election.' '180. Term of office of members - Except as is otherwise provided in this Act, members of a Zilla Parishad elected at a general election shall hold office for a term of five years:
Provided that the Government may, by notification, for reasons to be stated therein extend the term of office of ail the members by such period or periods so that the total period so extended shall not exceed six months.' xxx xxx xxx '165. Election of Adhyaksha, Upadhyaksha and term of office - (1) Every Zilla Parishad shall, as soon as may be, choose two members of the Zilla Parishad elected under Sub-section (1) of Section 139 to be respectively Adhyaksha and Upadhyaksha thereof and so often as there is a casual vacancy In the office of Adhyaksha or Upadhyaksha the Zilla Parishad shall choose another member to be Adhyaksha or Upadhyaksha, as the case may be.
'166. Salary and allowances to the Adhyaksha and Upadhyaksha and other members -
(1) The salary and allowances payable to the Adhyaksha and Upadhyaksha shall respectively be those payable to the Minister of State and the Deputy Minister under the Karnataka Ministers Salaries and Allowances Act, 1957.' The above provisions give a panoramic view of the constitution, organisation and territorial jurisdiction of the Zilla Parishad. Section 166 of the Act gives the status of Minister of State to the Adhyaksha, and to the Upadhyaksha the status of Deputy Minister and this gives the clearest indication of the predominant position assigned to the Zilla Parishads under the Act.
(iii) Chapter-9 of the Act prescribes the functions of the Zilla Parishad. In order to have an idea of the amplitude of the powers, it is necessary to read all the Sections in that chapter:
CHAPTER IX
FUNCTIONS OF ZILLA PARISHADS
182. Functions of Zilla Parishads - (1) Subject to such exceptions, restrictions and conditions as may from time to time be specified by order by the Government, it shall be the duty of every Zilla Parishad to make reasonable provision for the following matters within the area under its jurisdiction.
I. Development programmes - Overall supervision, coordination and integration of development schemes at taluk and district levels and preparing the plan for the development of the district.
II. Agriculture - (a) Promotion of measures to increase agricultural production and to popularise the use of improved agricultural implements and the adoption of improved agricultural practices.
(b) opening and maintenance of agricultural seed farms and commercial farms.
(c) Establishment, maintenance and management of and financial assistance to, agricultural schools, but not including matters relating to -
(1) laying down of syllabus;
(2) prescription of text-books; and
(3) conducting annual examination.
(d) Establishment and maintenance of godowns.
(e) Co-ordination of efforts in cooperation with Mandal Panchayats and crop protection.
III. Animal Husbandry - (a) Establishment and maintenance of district taluk and village veterinary hospitals, first aid centres and mobile veterinary dispensaries.
(b) In co-operation with the Mandal Panchayats measures for the improvement of the breed of cattle and other live stock and poultry.
(c) Dairy developments.
(d) Protective measures for controlling contagious diseases.
IV. Welfare of the Scheduled Castes and Scheduled Tribes and Backward Classes - (a) Promotion of education, economic, social, cultural and other interests of the Scheduled Castes and Scheduled Tribes and Backward Classes.
(b) Protecting such Castes, Tribes and Classes from social injustice and all forms of exploitation.
(c) Establishment and management of hostels of such Castes, Tribes and Classes.
(d) Supervision of the implementation of all schemes f or the welfare of Schedule Castes and Schedule Tribes and Backward Classes in the district, in particular the management of hostels in the district and the distribution of grants, loans and subsidies to individuals.
V. Buildings and Communications - (a) Construction, maintenance and repairs of district roads (roads other than State High Ways, Inter District Roads, Major District Roads, Roads identified by the State Public Works Departments as of tourist and pilgrimage importance and Mandal Panchayat roads) and bridges.
(b) Construction of administrative and other buildings in connection with the requirements of the Zilla Parishad.
VI. Public Health - (a) Management of hospitals and dispensaries (excluding civil hospitals in the district headquarters and other hospitals and dispensaries under the management of municipal corporations or municipal councils).
(b) Establishment and regulation of fairs and festivals, including cattle fairs.
(c) Improvement and extension of village sites (including grants and loans for the purposes).
(d) Survey of village sites and of public and private property therein and maintenance of records pertaining thereto.
VII. Irrigation and ground water resources - (a) Construction, renovation and maintenance of minor irrigation works with an achkat not extending beyond the district.
(b) Providing for the timely and equitable distribution and full use of water under irrigation schemes under the control of the Zilla Parishad.
(c) Development of ground water resources.
VIII. Industries and cottage industries-
(a) Promotion of rural and cottage industries
(b) Establishment of training-cum-production centres.
(c) Organisation of marketing facilities for products of cottage and village industries.
(d) Implementation of schemes for the development of cottage industries and village and small scale industries of State Boards and All India Boards and Commissions.
IX. Horticulture - (a) Rural parks and gardens.
(b) Cultivation of fruits and vegetables,
(c) Farms,
X. Co-operation - (a) Promotion and extension of activities of cooperative societies.
(b) Taking shares in co-operatives in those cases in which the Government can takes shares, subject to conditions laid down by the Registrar of Co-operative Societies.
XI. Education and Social Education - (a) Implementation with the collaboration of Mandal Panchayat Schemes of adult literacy undertaken by other bodies.
(b) Survey and evaluation of education activities.
(c) Assisting, encouraging and building of educational activities in the district including the establishment and maintenance of primary and secondary schools in the district.
(d) Coordinating the efforts of Mandal Panchayat and the State voluntary organisations for rendering social service in villages.
(e) Promoting and encouraging in cooperation with the Mandal Panchayat institutions for rendering social service such as youth clubs, mahila mandals and farmers' associations.
(f) Establishment and maintenance of general hostels, ashram schools and orphanages.
XII. Statistics - (a) Publication of statistical and other information relating to activities of Mandal Panchayats and Zilla Paris had s.
(b) Co-ordination and use of statistics and other information required for the activities of the Mandal Panchayats and Zilla Parishads.
(c) Periodical supervision and evaluation of project and programmes entrusted to the Mandal Panchayats and Zilla Parishads.
XIII. Fisheries - Development of fisheries in irrigation works vested in the Zilla Parishad.
XIV. Rural Electrification - Rural electrification.
XV. Distribution of Essential Commodities - Distribution of essential commodities.
(2) The Government may, by notification in the official gazette, omit any entry from the list under Sub-section (1) or add any entry thereto or amend any such entry. On the issue of such notification the list shall be deemed to have been amended accordingly. Every such notification shall be placed before each House of the State Legislature.
(3) The Government shall entrust to the Zilla Parishad the implementation of schemes under the State Plans in respect of the development functions of the Zilla Parishad mentioned in the Sub-section (1) which can be executed by the Zilla Parishad. When schemes are entrusted under this sub-section, the Government shall by appropriation by law at the beginning of each financial year transfer, to the credit of each Zilla Parishad Funds, the funds necessary for implementation of such schemes.
183. Formulation and execution of District Plans.
(1) The Zilla Parishads shall formulate and execute the District Plans of the district.
(2) For the purpose of efficient and economical execution of any works or development schemes undertaken by a Zilla Parishad an officer or person authorised by general or special order of the Government consider it necessary for that purpose to give technical guidance or assistance to any officer of or under the Zilla Parishad who is charged with the execution or maintenance of any such works or development scheme, then the officer or person so authorised may periodically inspect such works or development schemes to give such guidance, assistance or advice as he thinks necessary in relation to such works or development schemes and shall forward to the Secretary a report on the inspection made pointing out therein any irregularities noticed and his suggestions for improvement.
(3) In implementing the plans or schemes all the rules of implementation applicable to Government departments such as for purchase, tender, quality control, technical sanctions, accounts and audit and supervision shall mutatis mutandis be applicable'.
In addition, Section 184 provides for transfer of Governmental functions to the Zilla Parishads. Section 185 provides for placing roads and other properties of the Government under Zilla Parishads. There are also still other powers conferred on Zilla Parishads under Sections 187, 188 and 189 of the Act.
(iv) The enormous power and functions conferred on the Zilla Parishad read with its democratic structure, points out to the devolution of such power on the Zilla Parishads for the purpose of securing the real Panchayat Raj system of Mahatma Gandhiji's dream (See: PANCHAYATRAJ BY M.K.GANDHI - Navajeevan Publishing House) which came to be enshrined as a Directive Principle in Article 40, for the people, through their elected representative - a local self Government in the real sense of the term.
(v) Now we shall refer to Section 272 of the Act, which is of considerable significance to the vital issues arising for consideration in this case:
'272. POWER TO APPOINT ADMINISTRATOR IN CERTAIN CASES:
(1) Whenever -
(a) any general election to a Mandal Panchayat or Zilla Parishad under this Act or any proceedings consequent thereon have been stayed by an order of a competent court or authority, or
(b) all the members or more than two-thirds of the members of a Mandal Panchayat or Zilla Parishad have resigned, the Government shall, by notification in the Official Gazette appoint an administrator for such period as may be specified in the notification, and may by like notification, curtail or extend the period of such appointment.
(2) Notwithstanding anything contained in this Act, on the appointment of an administrator under Sub-section (1) during the period of such appointment, the said Mandal Panchayat or Zilla Parishad and committees thereof and the Pradhana and Upa-pradhana, Adhyaksha or Upadhyaksha charged with carrying out the provisions of this Act, or any other law, shall cease to exercise any powers and perform and discharge any duties or functions conferred or imposed on them by or under this Act or any other law and all such powers shall be exercised and all such duties and functions shall be performed and discharged by the administrator.'
The great significance of this Section is, an Administrator to a Zilla Parishad could be appointed only under two circumstances specified in Clauses (a), and (b). There was no provision for appointment of administrators to Zilla Parishad just because the elections were not held before the expiry of the term of office of members elected at a general election. On the other hand, proviso to Section 160 provided for extending the term of office of elected members for a period not exceeding six months. Such extension becomes necessary only when elections are not held before the expiry of the term of office.
(vi) Therefore the legislative mandate regarding the constitution and administration of Zilla Parishads as emerging from the provisions of the Act, can be summarised thus:
(1) Administration of every Zilla Parishad constituted under the Act, shall always be vested in the representatives of the people, elected in accordance with the provisions of the Act.
(2) Except in case where the general election to any Zilla Parishad is stayed by an order of the Court or in a case where all or more than two thirds members have resigned, administration of a Zilla Parishad could be placed in the hands of a civil servant.
(3) The elections must be held before the expiry of term of office of elected members and if for any reason it is not held, the term of office of existing members should be extended by six months and elections must be held within that time.
(4) The Act ensured to the citizens a local self Government of the people, by the people, for the people and dissolved its conversion into a mere local Government run by a civil servant appointed by the Government as Administrator.
The above position in law is not and could not be controverted by the learned Advocate General.
3. In accordance with the mandate of the Act, elections were held for the first time in December 1986 and the Zilla Parishads were constituted some time in January 1987. Under Section 160 of the Act, the term of office of the elected members is five years. Hence the fact that the term of office of elected members of Zilla Parishad was due to expire in January 1992 was known to all, The petitioners knew that there was no visible action on the part of the respondents to hold election. They kept quiet. The elected members also kept quiet, obviously under the hope of getting the benefit of an order of the Government made under Section 160 proviso extending their term by six months. They were perhaps sure of getting their term extended as there was no provision for appointment of an Administrator. It is only when they came to know that the Government had made up its mind not to hold elections and also not to extend their term of office, they and others rushed to this Court with Writ Petitions. But as we point out in the succeeding paragraphs, it was too late.
4. Justice Hegde, in his Judgment in the case of KESHAVA-NANDA BHARATI v. UNION OF INDIA, : AIR1973SC1461 had reiterated and cautioned the people about the requirement of being vigilant to protect democratic rights in the following words:
'Struggle between liberty and power is eternal. Vigilance is the price that we, like every other democratic society, have to pay to safeguard the democratic values enshrined in the Constitution.'
This case is an example as to what would happen, if the citizens are not vigilant and do not resort to constitutional remedies in good time.
5. The learned Counsel for the petitioners conceded that the petitioners ought to have approached this Court atleast three or four months earlier in which event they would have been in a position to urge that they are entitled to have an elected body only, for Zilla Parishads after the expiry of the term of office of those who were elected in January 1987, and for that purpose to make a prayer for the issue of a Writ of Mandamus to the respondents to hold the election before the expiry of the term of office of the previously elected members. But now the position is, they have to suffer heavy loss, to wit, loss of democratic local self Government, atleast for an year. An invaluable right is lost, for want of vigilance. However, it is said 'better late than never:' Atleast this caution, the petitioners have taken in presenting this and connected Writ Petitions.
6. As stated above, the only hope in this situation was to fall back on Section 160 of the Act which empowered the Government to extend the term of office for a period of six months. Therefore, the petitioners have sought for the issue of a Writ of Mandamus to extend the term of office of the existing members for a few months and also a Writ of Mandamus to hold the elections before the extended term of office expired. But to their disappointment, during the pendency of the writ petition, the very basis of the first prayer was removed by the promulgation of an Ordinance. The relevant provisions of the same, read:
'3. Amendment of Section 160 - In Section 160 of the principal Act -
(i) first proviso shall be omitted;
(ii) in the second proviso, for the words 'provided further', the word 'Provided' shall be substituted.
4. Insertion of new Section 272-B - After Section 272-A of the principal Act, the following section shall be inserted, namely:-
272-B. Appointment of an Administrator on the expiry of term of office of the members of Zilla Parishads -
(1) If the term of the outgoing members of the Zilla Parishad has expired and it has not been possible to complete general elections to the Zilla Parishads before the expiry of the term, the Government shall, by notification, appoint an Administrator for such period as may be specified in the notification and may, by like notification, curtail or extend the period of such appointment.
(2) On the appointment of an Administrator under Sub-section (1), all the powers and duties of the Adhyaksha or Upadhyaksha and the Zilla Parishad and committees thereof shall be exercised and performed by such Administrator.'
By the aforesaid Ordinance, the first proviso to Section 160 was deleted and Section 272-B was added empowering the State Government to appoint an Administrator for each of the Zilla Parishads for such time as it deems fit. After the Ordinance was promulgated, an application for amendment has been filed in which a prayer is made for striking down the Ordinance on the ground that the Ordinance was promulgated on collateral consideration. The application was directed to be posted along with the Main Petition.
7. The allegations made in the petition and the application for amendment are: that the State Government failed to discharge its duty to hold the elections before the expiry of term of office and having done so, came forward with the Ordinance which conferred power on the State Government to appoint Administrators, The petitioners have also alleged that as the Government was not willing to extend the term of office of the existing members, even the first proviso to Section 160 was deleted so that the very basis of the prayers of the petitioners does not exist. Though the applications are not formally allowed, we consider the question as to whether an Ordinance promulgated by the Governor under Article 212 of the Constitution can be struck down on the ground of malafides.
8. As the grounds on which an ordinance could be challenged, are the same as those on which an Act of Legislature could be challenged the answer to the question must be in the negative, for, no Act of Legislature can be struck down on the ground of malafides (See: C. NARAYANASWAMY v. STATE, : AIR1991Kant28 ).
9. The learned Counsel for the petitioners, however, contended that Section 3 of the Ordinance which deleted the proviso to Section 160 of the Act and Section 4 of the Ordinance, which inserted Section 272-B of the Act, were liable to be struck down on the ground of arbitrariness in legislative action, which is violative of Article 14 of the Constitution. Learned Advocate General stated that during the pendency of this petition, the Ordinance has been replaced by an Act of Legislature. There can be no doubt that even a legislative action can be struck down if it is unreasonable and arbitrary on the ground that it is violative of Article 14, in view of the interpretation of Article 14 in E.P. ROYAPPA v. STATE, : (1974)ILLJ172SC and MANEKA GANDHI v. UNION OF INDIA, : [1978]2SCR621 . The third dimension of Article 14 unfolded in the two landmark Judgments of the Supreme Court furnishes the basis for striking down an Act of Legislature, if it is found to be totally unreasonable and arbitrary.
10. We, however, decline to go into the question, as the situation created now is such even our striking down the two Sections is not going to solve the problem but would create a problem for the following reasons:
(1) Even if Section 3 of the Ordinance I Act is struck down, it is difficult to say whether the proviso to Section 160 gets restored.
(2) Even if we were to hold that by such striking down the proviso to Section 160 gets restored, it does not confer any right on the previously elected members to continue in Office.
(3) Proviso to Section 160 only provides for extension of the term of office for six months and about four months have already expired and it is not possible to hold the elections within another two months.
(4) In this situation, if we were to strike down Section 272-B as arbitrary on the ground that it provides power to replace elected peoples representative by a civil servant and thereby enables the destroying of the magnificent democratic structure of local self Government brought into existence by the Act, there would be a void, in that there would be neither elected representatives nor an Administrator to carry on the administration of the Zilla Parishad.
In our opinion, the validity of these two Sections would become live issue only after elections are held and a new elected body comes into existence. If thereafter the validity of these two Sections are challenged by the petitioners or other citizens and they were to succeed in the challenge, as has happened in the case of ANUGRAHA NARAYAN SINGH, that would ensure the existence of elected representatives only, at all times, to administer the Zilla Parishads. Therefore, we leave this question open to be agitated at the appropriate time.
11. Further, before approaching this Court, it is also open to the petitioners to appeal to the Government and the Legislature to restore status quo ante the Ordinance in the light of this Judgment on the ground that the original Act with Section 160 first proviso and without Section 272-B was more in harmony with the letter and spirit of the Act and the amendments not.
12. Now the only prayer which survives for consideration is the prayer for the issue of a Writ of Mandamus directing the respondents to hold elections to the Zilla Parishads. The learned Counsel submitted that the Act was enacted in implementation of Article 40 of the Constitution, which imposes a fundamental duty on the State to provide Panchayat Raj Institutions. The learned Counsel invited Our attention to the long preamble to the Act and submitted that a reading of the various provisions of the Act in the light of the preamble would unmistakable indicate that the intention of the Legislature was that at all points of time every Zilla Parishad should be managed by democratically elected representatives and it is obviously for this reason while a provision for extending the term of office of elected members that too only for a maximum period of six months was provided for to meet any eventuality was made under the proviso to Section 160 of the Act, the Legislature had thought fit not to provide for appointment of an Administrator for the Zilla Parishads in place of elected body. The learned Counsel submitted that in view of Section 160 of the Act read with the Preamble and also Article 40 of the Constitution, it was the duty on the part of the respondents to hold the elections before the expiry of the term of office of the previously elected members and in any event the elections should be held within a period of six months after the expiry of term of office of the previously elected members and in the meanwhile to extend the term of office of the existing members for a period not exceeding six months till the elections were held. The learned Counsel strongly relied on the absence of any provision for appointment of an Administrator. He also submitted that as democracy constitutes the basic structure of the Constitution and as local self Government required to be provided for by the Constitution was part and parcel of our democratic system, it was essential that every local authority should always be managed only by elected body. The learned Counsel also submitted that the Rules framed under the Act made it the duty of the respondents to hold the elections. The relevant portions of the Conduct of Election Rules, on which t hey rely, read:
'3. Conduct of election - (1) Election to the Zilla Parishads and Mandal Panchayats shall be conducted under the superintendence, direction and control of the Chief Electoral Officer.
(2) Subject to the superintendence, direction and control of the Chief Electoral Officer, the Deputy Commissioner shall coordinate and supervise all work in the district in connection with the conduct of elections to the Zilla Parishad and Mandal Panchayats. The Deputy Commissioner shall also perform such other functions pertaining to the said elections as may be entrusted to him by the Chief Electoral Officer.
4. Electoral roll - (1) The electoral roll for each Zilla Parishad constituency shall be split into one or more parts taking into consideration the area within which the constituency wherein the votes to be included, in each part belong to a named area, street or road within the constituency and the electoral roll so split up in respect of the several parts of the constituency will together constitute the electoral roll for such constituency.
(2) A copy of such electoral roll in respect of each constituency shall be kept open for inspection in the office of the Deputy Commissioner, Tahsildar, Zilla Parishad and Mandal Panchayat and in the chavdi,
xxx xxx xxx 6. Returning Officer: (1) For every constituency, for every general election of the members of Mandal Panchayat or Zilla Parishad or for an election to fill a casual vacancy the Deputy Commissioner shall designate or nominate one or more returning officers who shall be officers of the Government or of a local authority;
Provided that if more than one returning officer is nominated or designated the Deputy Commissioner shall specify the constituency or constituencies for which each such officer is nominated or designated.
(2) The Deputy Commissioner may in the same manner designate or nominate one or more assistant returning officers who shall be officers of the Government or of a local authority to assist the returning officer in the performance of his functions.
(3) Every assistant returning officer shall, if so directed by the returning officer, be competent to perform all or any of the functions of the returning officer.
xxx xxx xxx 12. Notification for election - (1) Subject to the provisions of the Act all vacancies of members in Zilla Parishads and Mandal Panchayats shall be filled by elections. The Deputy Commissioner shall, with the approval of the Chief Electoral Officer, fix the date of such election.
(2) For the above purpose the Deputy Commissioner shall by a notification in Form 1 or 2 as may be appropriate fix :-
(i) the last date for making nominations which shall be the seventh day after the date of publication of the notification or if that day is a public holiday, the next succeeding day which is not a public holiday.
(ii) the date for the scrutiny of nominations which shall be the day immediately following the last date of making nominations or if that day is a public holiday, the next succeeding day which is not a public holiday.
(iii) the last date for withdrawal of candidatures which shall be the second day after the date for the scrutiny of nominations or if that day is a public holiday, the next succeeding day which is not a public holiday.
(iv) the date or dates on which a poll shall, if necessary, be taken which or the first of which shall be a date not earlier than the tenth day after the fast date for the withdrawal of candidatures and the hour during which poll shall be taken, the total period of which on any allotted day shall not be less than eight hours.
(v) the date before which the election shall be completed.
(3) (a) On the issue of a notification under Sub-rule (2), the returning officer shall give a public notice of election in Form 3 by displaying it on the notice board in his office and in the offices of Zilla Parishad and Mandal Panchayats and at such other places as he deems necessary.
(b) In the said public notice the returning officer shall specify, among ether things, the last date for receipt of nominations, date of scrutiny of nominations, last date for withdrawal of candidatures, date or dates on which a poll shall, if necessary be taken and the hours of poll and the date before which elections shall be completed which shall conform to the dates notified in that behalf by the Deputy Commissioner under Sub-rule (2).'
The learned Counsel submitted that the provisions of the Act and the Rules clearly cast a duty on the part of the Government and the Returning Officers and other officers on whom the duty to hold election has been entrusted by the Act and the Rules, to have taken steps to hold election even before the expiry of the term of office, but they have failed in their duty.
12. The learned Counsel also submitted that there were further weighty reasons for holding periodical elections. They submitted that these democratic institutions at the lower tiers like Panchayats, Municipalities and Zilla Parishads are really the nurseries of our democratic system and it is there, a citizen elected to these offices, gets the required training and such experience and training would be of immense use for the Nation and particularly when such persons after such training get elected to the Legislatures at the State level and the Parliament. In support of this, the learned Counsel relied on the Judgment of the Allahabad High Court in the case of ANUGRAH NARAIN SINGH v. STATE OF U.P., AIR 1992 Allahabad 1962. The Division Bench of the Allahabad High Court, by the aforesaid Judgment, disposed of large number of petitions presented before it. The main grievance of the petitioners in those cases was, that for long periods no elections were held to Municipalities in the State and further the Government of Uttar Pradesh was taking the stand that the Government had the free choice of holding or not holding elections to local bodies. In the erudite, exhaustive and enlightening judgment on the subject, the Allahabad High Court has ruled that the local self Government was a basic feature of the Constitution of India and that the citizens are entitled as of right to have elected representatives only, to administer them and any existence of or exercise of arbitrary power by the Government was unconstitutional. The learned Counsel for the petitioners strongly relied on the various points decided therein which are in their favour.
13. We, therefore, proceed to refer to the said Judgment point by point and before doing so, we refer to paragraphs 3 and 4 of the Judgment in which the learned Judges have formulated the points which arose for consideration, as those are also the points which arise for consideration in this case;
'3. There have been petitions pending for many years complaining that superseding local bodies with elected representatives as functionaries is unconstitutional. The petitioners in some petitions have pleaded that there must be a return to local self government. The petitioners had been confronted with vehemence by the State Government and particularly by the local body of this city as constituted without elected representatives that to supersede local government is constitutional and the basis to tax has been justified by law which permits this to happen. The defence of the State, in effect, is that given the occasion, the right to supersede a local body is inherent in the State and cannot be questioned. This aspect makes the Court reflect on certain fundamental issues being (a) can a local body be superseded, (b) ought it to be superseded, and (c) by whom and (d) when? This necessarily will entail an examination of the legislation by which local self government is permitted and then pondering on another question whether local self government and parliamentary democracy go hand in hand and were meant to exist as complementary to each other.
4. The other question which arises is whether the Constitution of India encourages local self government or leaves it to the mercy of the State to switch it off whenever it feels the necessity that it ought not to exist. This will need an examination of whether local self government was meant to be a basic feature of the Constitution and the grass roots for the survival of parliamentary democracy. The argument on behalf of the State virtually has been that there is no guarantee on local self government.'
14. Now, we shall refer to the points which are considered and decided in the said Judgment. They are:
(1) Local self Government - a basic feature of the Constitution: On this point the learned Judges held as follows;
'39. Local self Government was meant to go on progressively with greater participation of the people whether in village or in urban areas. This continuity in bringing local self Government with people's participation at the grass root level of democracy was to be protected and perfected and not to be forgotten. From down below upto the centripetal power culminating in federal Government there was to be a process of representative government.
xxx xxx xxx 46. The Constitution itself, then outlines by reference to (a) existence of local Government and (b) what local Government is. The existence of local Government has been part of the skeleton on which democracy is to be based under the Constitution. Then local Governments would be entitled in themselves, that is to say, corporate personalities. The Constitution goes further by explaining that beat Government would in fact be local self Government. The phrase in Entry 5 reads: 'For the purposes of local self Government or the village administration.'
47. This entry is self explanatory. One need not go into any other external side to extract the meaning of local Government. The interpretation of this entry is that there shall be a local Government but it will be constituted as local self Government.
This simply descends to mean that there will be Government of the people, by the people and for the people, but not a corporate entity run by those who are not the people.'
(2) Local self Government are foundations of democracy: On this point, the relevant paragraph of the Decision reads:
'57. ...Local self Government is the arches upon which parliamentary democracy in this nation rests and upon it a dome with State legislatures and the federal Parliament. The structure with collapse without the arches. Even the legislature ought not to and cannot legislate to kill local self government, that it may is another matter.' (3) Local self Government, place of training for parliamentary democracy. On this point, the learned Judges held that:
'local self Government, through the elected bodies is the correct breeding ground for political experience.' (4) Local self Government must function in continuity and should not be interrupted by replacing them by civil servants: On this point, the learned Judges said thus:
'45. If local Government is the fabric of the Constitution then it must function in continuity except where its dissolution or supersession is for a very temporary period.
xxx xxx xxx 48. The process which degrades local self Government to local Government is hostile to the text of the Constitution and is arbitrary to the core, as it is laying down the foundation for the destruction of parliamentary Government which cannot exist except for its roots in local self Government.
xxx xxx xxx 51. Now comes the question of the credibility of the laws which arrange a State of affairs by which civic elections to the local bodies remain suspended year by year so that the parliamentary democracy under the Constitution of India must operate in a vacuum without its grass roots in local self Government. The power to negate local self Government is not available to any State legislature or even to the federal parliament. Entry 5 in list 2, the State list, as it reads, does not lend itself to an interpretation that the law must be passed otherwise than for the purposes of local self Government. There is much relevance in the phrase 'for the purpose of local self Government'. The implication, clearly, is that any law which will be passed in reference to local self Government will not have the effect of 9(a) retarding local self Government and (b) would be in keeping with the purposes of local self Government. Supersession of local self Government is not for the purposes of local self Government but to curtail it.'
(5) Citizens have the right to have their elected representatives to run the administration of a local self Government:- On this important aspect, the learned Judges have said as follows;-
'52. The exercise of a civic right and to have a say in its affairs through democratically elected representatives is keeping with a fundamental right of every citizen to have equality before laws and to form associations or unions. The Constitution as a whole guarantee citizens the rights of citizens. There is more to being a citizen than nationalism. Civic sense is the first principles which makes a citizen Act with orderliness.
52A. Thus the history of local self Government does not support the argument of the State that supersession of local bodies and making them function through the agency of civic servants without elected representatives as a corporate soul, is appropriate. It neither blends with history nor represents progress of local self Government, nor can it be sustained under the law.'
The questions considered and answered by the Allahabad High Court which arise for consideration in this case also, are, as we have stated in the first paragraph of this order, are vital questions of National importance, because what happened in Uttar Pradesh to local self Governments has happened in several States in the Country and what has happened to Zilla Parishads in this case shows the same trend. After giving anxious and careful consideration to the question arising for consideration in the light of the real meaning of the words 'Local Self Government' in Entry 5 of State List and the Directive Principle enshrined in Article 40 of the Constitution and the objectives of the Constitution, summed up in its preamble, which is to secure justice, social, economic and political, through a democratic system of Governance, and the mandate of the Act, which have been analysed earlier, we respectfully agree and reiterate the views expressed by the Allahabad High Court on every one of the points.
15. Another weighty reason which should weigh against general postponement of election to Zilla Parishads is found in Article 171 of the Constitution. The relevant portion of the Article reads;-
'171. COMPOSITION OF THE LEGISLATIVE COUNCILS:-(1) The total number of members in the Legislative Council of a State having such a Council shall not exceed one-third of the total number of members in the Legislative Assembly of that State,
Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty,
(2) Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in Clause (3),
(3) Of the total number of members of the Legislative Council of a state - (a) as nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may be Saw specify,'
As can be seen from Clause 9(a) of the Article, one-third of the members of Legislative Council have to be elected by electorates consisting of members of local authorities. If no elections are held for all the Zilla Parishads and in the meanwhile election to Legislative Council from local authorities constituency were to be held, the electorate for local authorities constituency would be a truncated one. It adversely affects the representation of the local authorities in the Legislative Council. Such is the far reaching consequence of general postponement of elections. Hence, such a step contravenes Article 171 of the Constitution, In the Judgment of the Allahabad High Court, on which the learned Counsel relied, the learned Judges have pointed out as to what happened in Uttar Pradesh, as a consequence of not holding elections to local bodies at paragraph-80, it reads:-
'80. What has happened in Uttar Pradesh is logical. In the absence of local self Government the void in the legislative council in the legislature has continued all these years. Such members of the legislative council who were to represent the local self government never took their seats for the simple reason that there was no local self government as it was eradicated by a legislative process. The Constitution of India does not permit this.'
Therefore postponement of general election to all Zilla Parishads is not a simple matter. It gives a severe blow to democratic system which is one of the basic structures of our Constitution.
16. The Division Bench of the Allahabad High Court has also highlighted the undesirable consequences of replacing people's representatives by an Administrator at Paragraph-54. It reads:-
'54. ....If these elected representatives are not permitted to function, then within the area of each Panchayats, Town Area Committee, Zilla Parishad, Municipality and Corporation, there will be people who will represent vested interests. They will form caucuses of power who will under a camouflage declare that they function for the people and for weaker sections, but wilt usurp power to their personal advantage and have vested interests in the implementation of planning for which there is no answer-ability to the people. The functioning of local bodies today with elected representatives will have a lot to do with equality in economic affairs. There are rate payers in the local bodies who are entitled to project their views and have a right to participate in local planning. Then there are others who are socially, economically and by education backward and their needs and participation must not be forgotten. The failure of local self Government will find a loser in people who have no experience with the system permits participation in democracy from village Panchayat tilt the federal parliament.'
These observations are not without force and therefore should weigh against appointment/continuance of Administrator for Zilla Parishads or for that matter for any local self Government.
17. Once we understand the object and purpose of local self Government and the importance of periodical elections to them, it follows that except under certain unavoidable circumstances justifying the appointment of an Administrator for a brief period, the local self Government should always be under the management of the representatives of the people, just as the State and the Union. In taking decisions in such a matter interest of the Country and the people as a whole should alone be the guiding factor. What has happened in this case - as it happens in all such cases is first by an act of omission, to discharge duty; elections are not held and thereafter the administration of local self Governments is placed at the hands of the civil servants as of necessity. Such inaction and action robs the local body concerned of its democratic character and it becomes merely a local Government and ceases to be a local self Government. Therefore to hold elections in time to ensure that at all times the Zilla Parishads are administrated by the people's representatives, is the duty cast by the Act on the respondents. We hope that the respondents would take note of their obligations under the Constitution and the law concerning local self Government discussed and highlighted in the preceding paragraphs.
18. Now we proceed to consider the relief to be granted to the petitioners. This petition had come up before us in the first instance on 13-1-1992. On the said date, we adjourned the matter to 27-1 -1992 and asked the Government Advocate to ascertain from the Government as to the date within which the elections to the Zilla Parishads would be held, and to inform the Court. On 27th January, 1992 as no statement was made, the matter was posted for hearing on 25th February, 1992. The case was heard in part on that day and the matter was adjourned to 3-4-1992. On that day, the matter was heard further. However, the matter was adjourned as the learned Government Advocate had submitted that the learned Advocate General was not in station. Today, we again asked the learned Advocate General, whether he was making any statement as to the date before which the elections would be held. The learned Advocate General frankly submitted that while he agreed in principle that the Zilla Parishads must be managed by elected representatives and therefore the election to Zilla Parishads should be held as early as possible, he was not making any statement before the court as to the date before which the election could be held for the reason that if under circumstances beyond the control of the Government election, could not be held before such date, the Government would be in difficulty, and that if on the other hand, this Court were to fix the lime before which the elections should be held, in the event of there being any unsurmountable difficulty for holding the election before the said date, the Government could make an application before the Court, seeking extension of time. In view of the submission made by the learned Advocate General, We have disposed of this Petition on merits. As regards the reasonable time that should be fixed for holding the elections, learned Advocate General submitted that Government has to take certain steps before holding elections and therefore there would be delay in holding the elections.
19. The main reason for not holding elections are set out at paragraph-10 of the Statement of Objections filed by the State and which was pressed before us, reads:-
'It may be mentioned in this connection, that the Government of India have introduced the Constitution (Seventy-Second Amendment) Bill 1991 in the Parliament. The Bill seeks to enshrine in the Constitution a number of features relating to Panchayat. Raj institutions in the Country. After the said Bill becomes a law, the State Act is to be Amended in accordance with the provisions of the proposed Constitution Amendment Act. Once the State Act is amended, necessary steps will be taken to hold elections within a reasonable time.
xxx xxx xxx It is submitted that if, without the amendment of the State . Act, Elections are now held, it would not be possible for the elected members to complete their term of five years, since elections will have to be held once the State Act is amended and in the process it would mean double the expenditure as well. It has, therefore, been thought fit to hold the elections within a reasonable time after the amendment of the State Act and the consequent delimitation of the constituencies.'
The learned Counsel for the petitioner submitted that the Statement of Objects and Reasons enclosed to the Bill and a few provisions of the bill, themselves are sufficient to show that the above reason is inter-able. Statement of Objects and Reasons and the relevant clauses of the Bill on which they relied read:-
(1) Statement of Objects and Reasons:
'Though the Panchayati Raj Institutions have been in existence for a long time, it has been observed that these institutions have not been able to acquire the status and dignity of viable and responsive people's bodies due to a number of reasons including absence of regular elections, prolonged supersession, insufficient representation of weaker sections like Scheduled Caste, Scheduled Tribes & Women inadequate devolution of powers and lack of financial resources. 2. Article 40 of the Constitution which enshrines one of the Directive Principles of State Policy lays down that the State shall take steps to organise Village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. In the light of the experience in the last forty years and in view of the short-comings which have been observed, it is considered that there is an imperative need to enshrine in the Constitution certain basic and essential features of Panchayat Raj Institutions to impart certainty, continuity and strength to them.
3. Accordingly, it is proposed to add a new Part relating to Panchayats in the Constitution to provide for among other things, Gram Sabha in a village and other level or levels; direct elections to all seats in Panchayats at the village and intermediate level, if any, and to the offices of Chair-persons of Panchayats at such levels; reservation of seats for the Scheduled Castes and Scheduled Tribes in proportion to their populations for membership of Panchayats and office of Chair-persons in Panchayats at each level; reservation of not less than one-third of the seats for women; fixing tenure of 5 years for Panchayats and holding elections within a period of 6 months in the event of supersession of any Panchayat; disqualifications for membership of Panchayats; devolution by the State Legislature of powers and responsibilities upon the Panchayats with respect to the preparation of plans for economic development and social justice and for the implementation of development schemes, sound finance of the Panchayats by securing authorisation from State Legislatures for grants-in-aid to the Panchayats from the Consolidated Fund of the State, as also assignment to, or appropriation by, the Panchayats of the revenues of designated taxes, duties, tolls and fees; setting up of a Finance Commission within one year of the proposed amendment and thereafter every 5 years to review the financial position of Panchayats; auditing of accounts of the Panchayats; powers of State Legislatures to make provisions with respect to elections to Panchayats under the superintendence, direction and control of the Chief electoral officer of the State; application of the provisions of the said Part to Union Territories; excluding certain States and areas from the application of the provisions of the said Part, continuance of existing laws and Panchayats. until one year from the commencement of the proposed amendment and barring interference by courts in electoral matters relating to Panchayats.'
(2) Section 2: - After Part VIII of the Constitution the following Part shall be inserted, namely:-
PART IX
'THE PANCHAYATS.'
XXX XXX XXX (c) 'Panchayat' means an institution (by whatever name called) of self-Government constituted under Article 243B, for the rural areas.'
xxx xxx xxx '243-B(1) there shall be constituted in every State, Panchayats at the village level in accordance with the provisions of this Part.
(2) The Legislature of a State may, by law, provide for the constitution of panchayats at the intermediate level or the district level or both in accordance with the provisions of this part.'
xxx xxx xxx '243-E(1) Every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of that Panchayat.
(2) Where a Panchayat is dissolved before the expiration of its duration, an election to constitute the Panchayat shall be completed, as soon as may be, and in any case before the expiration of a period of six months from the date of such dissolution.'
xxx xxx xxx '243-N:- Notwithstanding anything in this Part, any provision of any law relating to Panchayats in force in a State immediately before the commencement of the Constitution (Seventy-Second Amendment) Act, 1991, which is inconsistent with the provisions of this Part, Shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement or until the expiration of the longest duration of the Panchayats, at any level existing in that State immediately before such commencement, which-ever is later.
Provided that all the Panchayats existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State.'
The learned Counsel for the petitioners pointed out that as can be seen from the Statement of Objects and Reasons annexed to the Constitution Seventy-Second Amendment Bill, it is stated that the Panchayat Raj Institutions have not been able to acquire the status and dignity of viable and responsive people's body due to various reasons set out therein; one of which is not holding regular elections, the Parliament considered that the Panchayat Raj Institution should be given Constitutional status by incorporating core provisions in the Constitution itself. In particular they pointed out that in the light of past experience one of the mischiefs which is sought to be remedied by the proposed amendment to the Constitution was, the absence of regular elections to Panchayat Raj institutions and/or prolonged supersession of elected bodies. They also pointed out to Article 243E, which provides that in the event of supersession of an elected body of a Panchayat Raj Institution elections should be held within six months. The learned Counsel further pointed out that the plea put forward in the statement of objections, relevant portion of which is extracted earlier, is patently untenable in view of Article 243N. They pointed out that in view of the said Article, not only the provisions of the Act continues, notwithstanding the coming into force of the Constitution Amendment Act, there is also provision for continuance of members of Panchayats in office immediately prior to the coming into force of the Constitution Amendment Act, till the expiration of the term for which they were elected, unless the bodies are dissolved earlier by a resolution of each of the Houses of the State Legislature. They submitted that the plea that the moment the Constitution Amendment comes into force, the Zilla parishad members elected under the Act go out of office and the State Government would be obliged to hold elections once again resulting in waste of time and money is patently untenable. The learned Counsel for the petitioners also stated that a couple of months back elections were held to all Panchayat Raj Institutions in the neighbouring State of Maharashtra and therefore the plea put forward in the statement of objections is only an excuse for not holding elections and is not at all a genuine reason.
20. Though the contents of the Bill and the Statement of Objects and Reasons indicate that the Parliament is anxious to ensure that there should be prompt holding of elections to the Panchayat Raj Institutions and to avoid evil effects of not holding elections regularly to the Panchayats, strangely the same is sought to be used by the State for delaying the elections. The fact that elections have been held in the neighbouring State of Maharashtra, a couple of months before is not disputed by the learned Advocate General. When that is the position, we fail to see any force in the plea put forward by the State Government in the statement of objections.
20A. Learned Advocate General next submitted that the Government before holding elections has to take the following steps:-
(1) The Government has to make a fresh delimitations of the constituencies as it is more than five years after the delimitations were made.
(2) The Act provides for reservation of seats in favour of Scheduled Caste and Scheduled Tribes, which have to be made in proportion to their population and as there had been a revision of the list of Scheduled Castes and Scheduled Tribes, the seats allotted to them earlier requires to be revised.
21. The learned Counsel for the petitioners submitted that the difficulties pleaded were not real and the steps stated to be taken are those which the Government had to take before holding the election and nothing prevented them from doing so earlier and that nothing in that behalf has been done during the period of three months during which this Writ Petition and others are pending and in any. event these steps do not require more than 3 or 4 months. Learned Advocate General was unable to satisfy us as to why more time was required for completing those actions. In fact, in the nature of things those steps could be taken within about three months or at any rate before four months. Having regard to importance and necessity of having people's representatives to administer Zilla Parishads, the respondents cannot take things easy and they have to do it most expeditiously, in which event all these steps could be completed within three months.
22. In this case what the State Government should have done after Section 272-B, providing for appointment of Administrators to Zilla Parishad was introduced into the Act by an Ordinance promulgated during the pendency of the Writ Petition, was, to use the power under the said Section by appointing an administrator for a reasonable period of about six months, which period is generally regarded as reasonable as is evident from the Constitution Seventy-Second Amendment Bill. The Division Bench of the Allahabad High Court in the case of Anugrah Narayana Singh has also expressed the same view at paragraph-57. The relevant portion reads:-
'It may provide for interim arrangements but within the enactment which creates local self governments, and this period cannot and may not be any longer than the duration within which the legislatures adjourn either for another session or convene afresh with the electoral mandate of the people. The pattern of local bodies without elected members cannot be any different.'
We are also of the same view. The Government, however, by notification dated 13th January, 1992, issued under Section 272-B of the Act, appointed an Administrator for each of the Zilla Parishads for a period of one year straight away. Out of the said period of one year, already three months have elapsed. We are not told that any thing has been done by the State Government during this period of three months, to take action for delimitation of constituencies or for revision of reservation of seats in favour of Scheduled Castes and Scheduled Tribes. Thus, valuable time of three months has been lost. Whatever that may be, the fact remains another 3-4 months are necessary for the Government to take those steps. In the meanwhile, it cannot be forgotten that in substantial parts of this State there would be heavy monsoon rains between the months of June and October. Therefore, though we would have considered that fixing of a period of six months would alone be reasonable for holding the elections and giving more time than six months would be unreasonable and inconsistent with the letter and spirit of the Act, we consider that we should give more time to the respondents to hold the proposed elections i.e. till 31-12-1992. In this behalf, we also point out the fact that even one year period for which the Administrators are appointed; which, in our opinion is too long a period; also comes to an end by 13th January, 1993. By fixing such date, the Government would be having more than 9 months' time for passing appropriate orders regarding Delimitation of Constituencies and for revising the allotment of seats reserved in favour of Scheduled Castes and Scheduled Tribes and to issue calendar of events and to complete the elections, so that the elected representatives would be ready to take charge by the date on which the term of office of Administrators comes to an end.
23. In the result, We make the following order:
(i) The Writ Petition in so far as it relates to the challenge to the appointment of Administrators and also the prayer for the issue of a Writ of Mandamus to continue the existing members in office are concerned the same is rejected;
(ii) The Writ Petition in so far it relates to the prayer for the issue of a Writ of Mandamus directing the respondents to hold elections to the Zilla Parishads is concerned, it is allowed as follows:-
(a) The respondents are directed to hold and complete the elections on or before 31-12-1992 so as to ensure that the elected representatives will take charge from the administrators on or before the date on which their one year term of office comes to an end;
(b) The respondents are also directed to take all the steps which they intend to take for the purpose of holding the election to Zilla Parishads expeditiously, leaving sufficient time for the issue of Calendar of Events, in accordance with rules, so as to complete the election on or before 31-12-1992.