Point of Law : Article 243L of Constitution, would enable Union Territory to exceptions and modifications from other provisions of Constitution.

JUDGMENT :

The petitioner is a resident of Kavaratti Island in the Union Territory of Lakshadweep. He states that he is presently the elected Chairperson of Village (Dweep) Panchayat, Kavaratti, representing Ward No.8.

2. The challenge:

This writ petition is filed challenging Ext.P3 notification issued by the Administrator, Union Territory of Lakshadweep, declaring the local areas comprising of villages or a group of villages specified in the said notification to be Panchayat areas for the purpose of the Lakshadweep Panchayat Regulations, 2022 (hereinafter referred to as ‘LPR, 2022’ for the sake of brevity). The petitioner has also sought for issuance of directions to the 3rd respondent to keep in abeyance all proceedings for conducting elections to the Gram Panchayat constituted as per Ext.P3 notification till such time as the population for the territorial areas of the Gram Panchayat constituted in terms of the said notification are ascertained in accordance with Section 2(t) of LPR, 2022. The petitioner asserts that Exhibits P3 and P4 notifications and also Exhibit P6 draft notification are ‘premature’ and ultra vires the provisions of Part IX of the Constitution of India and Sections 8 and 12 of LPR, 2022.

3. The contentions of the petitioner:

(a) Following the insertion of Part IX of the Constitution of India vide the Constitution (73rd Amendment) Act, 1993, the President of India has promulgated the Lakshadweep Panchayat Regulations, 1994 (hereinafter referred to “LPR, 1994” for the sake of brevity), for the establishment of “Village (Dweep) Panchayat” and District Panchayat in the Union Territory of Lakshadweep. As per the First Schedule of LPR, 1994, a “Village (Dweep) Panchayat” was constituted for each of the ten islands specified in the First Schedule of the Regulations. The First Schedule reads as under :

FIRST SCHEDULE

[See sections 2(i)]

NAMES OF ISLANDS FOR WHICH A VILLAGE (DWEEP) PANCHAYAT TO BE CONSTITUTED

1. Amini 2. Androth

3. Kavaratti 4. Minicoy

5. Agatti 6. Kadmat

7. Kalpani 8. Chetiat

9. Kiltan 10. Bitra

(b) The petitioner asserts that by virtue of Section 8(1) of LPR, 1994, a “Village (Dweep) Panchayat” for each of the ten islands was coextensive with the territorial area of the respective islands.

(c) Chapter III of LPR, 1994 deals with Panchayats and their constitutions. As per the said provision, the Administrator was required to constitute a “Village (Dweep) Panchayat” on each of the islands specified in the First Schedule and a District Panchayat for the Union Territory. The Panchayat was to consist of such number of seats to be filled by persons chosen by direct election from territorial constituencies in the Panchayat area as may be notified. The Proviso to section 8(2) provided for the distribution of the number of seats, viz a viz, the population of the “Village (Dweep) Panchayat.” The more populous islands like Androth, Kavaratti, and Minicoy were allotted more seats as against the less populous islands taking into account the population as per the 2011 census.

(d) The petitioner states that in the exercise of the powers conferred by Article 240 of the Constitution of India, the President of India promulgated LPR, 2022, which came into effect on 26.09.2022. Radical changes were brought about by the LPR, 2022, and the island-wise constitution of Village (Dweep) Panchayat, as stipulated vide Section 8(1) of the LPR, 1994, was done away with, and powers were conferred on the Administrator to declare any local area to be a Panchayat area. As per LPR, 2022, the Panchayat area was defined as the territorial area of a Gram Panchayat declared by the Administrator under Sub Section (1) of Section 3. The Administrator was conferred under Section 3 of LPR, 2022 to conduct an enquiry and thereafter issue a notification declaring a local area comprising a Village or a group of Villages or any part or parts thereof o