Judgement

SARKARIA, J.:- The main question that arises in these two appeals directed against the common judgment, dated June 26, 1974 of the High Court of Gujarat, is whether the Notification dated March 31, 1974 (for short, the impugned notification) issued by the State Government is invalid on the ground that the condition precedent to the exercise of the power under Section 303-A of the Gujarat Panchayats Act, 1961, (for short, the Panchayats Act) is not satisfied.

2. The Panchayats Act provided for three-tiers of Panchayats. They were, in the descending order: District Panchayats, Taluka Panchayats and Gram Panchayats. The Act provided 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 1 of 1968, the normal term of a Panchayat was five years from the date of the 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 Feb