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1995 Supreme(SC) 426

P.B.SAWANT, S.C.AGRAWAL
State Of U. P. – Appellant
Versus
Pradhan Sangh Kshettra Samiti – Respondent


Advocates:
A.N.Bardiyar, A.SHARAN, ABHA R.SHARMA, ANIL GUPTA, Arun K.Sinha, ARVIND VERMA, ASHISH SHUKLA, ASHOK DESAI, ASHOK GURNANI, ASIM MALHOTRA, B.K.BRAR, BRIJ BHUSHAN SHARMA, DILIP TANDON, DUSHYANT A.DAVE, G.L.SANGHI, GOPAL SUBRAMANIUM, GUDWILL INDIVER, I.B.Gaur, INDU GUGLANI, J.M.SHARMA, M.K.SINGH, NALIN TRIPATHI, P.H.Parekh, P.K.Bajaj, P.P.Rao, P.SHISHODIA, R.B.MISHRA, R.N.TRIPATHI, R.N.TRIVEDI, RAMESHWAR TRIPATHI, S.M.A.NAZANI, VIJAY NARAIN

JUDGMENT

SAWANT, J.:—Special leave granted.

The Constitution (Seventy-Third Amendment) Act, 1992 came into force on 24th April, 1993 to give effect to one of the Directive Principles of the State Policy, viz., Article 40 of the Constitution of India which directs the State to organize village panchayats as units of self-government.

On coming into force of the said Constitutional Amendment, the States were required by the Centre to take steps to organise village panchayats on the lines of the provisions of the said Constitutional Amendment by making law or amending the existing law suitably. The Uttar Pradesh State Legislature amended its Panchayat Raj Act, 1947 (hereinafter referred to as the Act- by enacting the U. P. Panchayat Raj (Amendment) Act, 1994 which came into force on 22nd April 1994. As per the provisions of the Act, several Government instructions and notifications were issued and rules were framed between 22nd April, 1994 and 31st August, 1994 with a view to hold elections to the panchayats. In particular the declaration of the gram panchayat areas u/S. 11-F and the establishment of the gram Sabhas under Section 3, were made between 2nd and 5th August, 1994. The term of













































































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