JUDGMENT

SEN, J.:— The issue involved in this appeal on certificate from a judgment and order of the Madhya Pradesh High Court dated January 4, 1972 is as to the powers of the State Government under S. 106 of the Madhya Pradesh Panchayats Act, 1962 to modify or alter the constituencies of the block once delimited by a notification issued thereunder after the process of election of members of the Janapada Panchayat has started; particularly, without affording an opportunity to the electorate to raise any objection. On the question involved, conflicting views have been expressed by two Division Benches of the High Court and the High Court certifies that the question raised is one of frequent occurrence and great importance.

2. By the judgment under appeal, a Division Bench of the High Court has held that the provisions of the Act do not confer any power on the State Government to modify or alter the constituencies once fixed by a notification issued under sub-s. (1) of S. 106 of the Act and fixing the number of members to be elected from each constituency. it accordingly struck down the impugned notification issued by the State Government dated Nov. 25, 1970 under Ss. 105 and 106 of