IMPORTANT POINT
Sanctity must be attached to taking oath.
Advisable to videograph swearing in/oath taking.

JUDGMENT

Madan B. Lokur, J.

Pursuant to a Notification issued by the State Election Commission, U.P. on 21st September, 2015 elections were held to the Kshettra Panchayat, Jasrana, District Ferozabad (U.P.) on 7th February, 2016. Apparently, the results were declared on the same day by the State Election Commission and 63 candidates were declared elected. It may be mentioned that the elections were held under the provisions of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (hereinafter referred to as the Adhiniyam).

An elected member

2. The Adhiniyam does not define the expression 'elected member'. For the purposes of the present petition we are proceeding on the basis that an 'elected member' is a person who has been duly elected. The 'elected member' might or might not have taken the oath of office in terms of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats (Oath of Office of Adhyaksha or Pramukh Etc.) Rules, 1994 (hereinafter referred to as the Rules). We say this even though there is some sanctity attached to taking the oath of office, which we will advert to later.

3. Rule 2(2) of the Rules defines 'Members' in the following terms, which is also without reference to taking the oath of office:

"2(2) "Members" means in case of Zila Panchayats Members elected under clause (b) of sub-section (1) of Section 18 and in case of Kshettra Panchayat Members elected under clause (b) of sub-section (1) of Section 6 of the Act."

4. Section 6(1) of the Adhiniyam provides that a Kshettra Panchayat shall consist of a Pramukh, who shall be its Chairperson. Section 6(1)(b) provides that all the Pradhans of the Gram Panchayats in the Khand shall constitute the Kshettra Panchayat. Section 6(1)(b) provides that 'elected members' of the Kshettra Panchayat shall be chosen by direct election from territorial constituencies in the Panchayat areas. In other words, it appears that despite the sanctity attached to taking the oath of office, an 'elected member' is one who is elected to the Kshettra Panchayat in accordance with Section 6(1)(b) of the Adhiniyam regardless of whether she or he takes the oath of office.

5. The only adverse consequence of an 'elected member' not taking the oath of office is provided in Rule 3(3) of the Rules. The adverse consequence is that if the member of the Kshettra Panchayat does not make or subscribe the oath or affirmation, then he or she cannot take the seat in the Kshettra Panchayat. Rule 3(3) reads :

"3(3). The members of Zila Panchayat and Kshettra Panchayat before taking their seats for the first time as such members shall make or subscribe oath or affirmation in the case of member of Zila Panchayat before the Adhyaksha and in his absence before the Mukhya Adhikari and in the case of members of the Kshettra Panchayat before the Pramukh and in his absence before the Khand Vikas Adhikari in the form set out in the Appendix."

6. In other words, a person duly elected to a Kshettra Panchayat under Section 6(1)(b) of the Adhiniyam is described as and remains an 'elected member' and if that 'elected member' does not take the oath of office, he or she does not cease to be an 'elected member'. The only consequence is that the 'elected member' cannot take a seat in the Kshettra Panchayat and therefore cannot participate in the proceedings of the Panchayat. The significance of this discussion will be apparent hereafter.

Taking the oath of office

7. After the result of the elections was notified by the State Election Commission, the first meeting of the Kshettra Panchayat took place on 18th March, 2016. In this meeting, the 'elected members' elected the petitioner (Ram Pal Singh) as the Pramukh. He subscribed to the oath of office before the Sub-Divisional Magistrate/appointee of the District Magistrate. Thereafter, the version advanced by the petitioner is that he administered the oath of office to the 'elected members' except 17 elected members who were not present. On the other hand, the version