Judgement

HIDAYATULLAH, C.J.I. : This is an appeal against the Judgment of a Division Bench. October 20, 1967, in a Special Appeal (No. 864 of 1967) of the High Court of Allahabad affirming the dismissal of 61 writ petitions by a learned single Judge of the High Court. This appeal arises from one such petition. The appellant was elected Pramukh of Sarwan Khera Khettra Samiti and his term of office which was conterminous with the term of the Samiti, extended to five years. He challenges in this appeal, (as he did in the High Court), two Government notifications issued by the Government of Uttar Pradesh under the Uttar Pradesh Khettra Samitis and Zilla Parishads Ahiniyam, 1961 (Act 33 of 1961). By these notifications the Government of Uttar Pradesh has redivided the rural area in the district to which the matter relates into new Khand specifying the limits and constituents of their areas and as a consequence has abolished a few Khands and created new Khands in their place. The Khand relating to the appellant s Samiti has been abolished by the first notification and by the second notification the term of the Samiti has also been brought to a close. Both the notifications are of July, 1966. The appellant challenges notifications as also Sections 3 and 8 of the Act on various grounds. To understand his contentions we may begin by setting out how the Act is constructed.

2. The Act was passed in 1961 for the establishment of Kshettra Samitis and Zilla Parishads in Uttar Pradesh. It was intended to make democracy broad-based and to give training in the art of administration and running democracy to the rural population. It is a long Act of 274 sections and 8 schedules. It is not possible to give more than a brief idea of the constitution of the Samitis and their functions and organisation. The preamble of the Act states as follows :

"Whereas it is expedient to provide for the establishment of Kshettra Samitis and Zilla Parishads in the districts of Uttar Pradesh to undertake certain government functions at Kshettra and district levels respectively in furtherance of the principle of democratic decentralisation of governmental functions and for ensuring proper municipal government in rural areas and to correlate the powers and functions of Gaon Sabhas under the United Provinces Panchayat Raj Act 1947, with Kshettra Samitis and Zilla Parishads;

3. The Act goes on to define a Kshettra Samiti as a Kshettra Samiti established under Section 5 of the Act and Khand as an area of the district specified as such by the State Government under Section 3. Chapter II of the Act deals inter alia with the establishment of Kshettra Samitis and Section 3 provides as follows :-

"The State Government shall by notification in the Gazette divide the rural area of each district into Khands specifying each Khand by a name and the limits or constituents of its area and may likewise change the names or make modifications in the areas and limits of the Khands by including therein or excluding therefrom areas or create new Khands."

This section allows the State Government to divide the rural area of each district into Khands. It also enables the Government to change the name of a Kshettra Samiti and to make modifications in the areas and limits of the Khands and to create new Khands. Section 4 specifies the effect of changes in the Khands and the temporary and permanent consequences thereof are provided for. Section 5 then deals with the establishment and incorporation of Kshettra Samitis for each Khand bearing the name of the Khand for which it is established. It says inter alia that every Kshettra Samiti as a body corporate having perpetual succession and common seal and subject to any restrictions or qualifications imposed by any other enactments possesses the power to acquire, hold and dispose of property and to enter into contracts and may by its corporate name sue and be sued. Section 6 details the composition of Kshettra Samitis providing for elections and co-op