Honble ARORA, J. - Held — The next contention, raised by the learned counsel for the appellants is that when once the wards/constituencies have been demarcated by the Collector vide Annexure 1 and displayed on the Notice Board of Panchayat Samiti under the Rules then he had no power under the Act or the Rules to cancel that Notification and issue a fresh Notification like Annexure 4 because the Notification Annexure 1, issued under rule 4 of the Rules, had become final. There is one fallacy in this argument. The Notification Annexure 1, issued by the Collector after a meeting held on 18.10.94, is not a Notification determining the wards or the constituencies of the Panchayat Samiti issued under rule 3 but it is a notification identifying and allocating the seats reserved for Scheduled Castes, Scheduled Tribes, O.B.C., Women and General categories. The Notification determining the wards and the constituencies was issued earlier which has neither been placed on record nor has it been challenged by the appellant-petitioners. As the Notification Annexure 1 or Annexure 4 is not relating to "Determination of the Wards or the Constituencies", therefore, the contention, raised by the learned counsel for the appellants, is devoid of any force. These Notifications relate to the reservation and allocation of the constituencies for Scheduled Castes, Scheduled Tribes, Categories and has no concern with the demarcation. In the Notification Annexure 1., six constituencies were reserved for Scheduled Castes candidates and out of these six constituencies, four were reserved for women candidates. As per rule 6 of the Rules this reservation of four constituencies for women out of the six constituencies reserved for Scheduled Castes candidates, was in excess. Only two, i.e., l/3rd of the constituencies reserved for Scheduled Castes candidates could have been reserved for women candidates and, therefore, this error, which crept in the Notification reserving four constituencies instead of two necessiated the cancellation of Notification Annexure 1. One more error crept in allocating and reserving of Nathraou and Keshugadha constituencies as Scheduled Castes Constituencies though these areas do not belong to this category as the number of the Scheduled Castes persons residing in these constituencies was less. This error, also, necessiated for the reconsideration and fresh allocation and identification of the reserved constituencies. On the re-determination of the constituencies in the decending order of percentage of Scheduled Castes persons these two constituencies were not found belong to the Scheduled Castes candidates while as per the Rules, the constituencies which fall in this category are Deriya and Shekhala. The taking out of these two constituencies Nathraou and Keshugadha from the category of the constituencies belonging to Scheduled Castes and declaring Deriya and Shekhala as the Constituencies belonging to Scheduled Castes and reserving two more constituencies for women candidates are the reasons which necessiated the cancellation and compelled the authority to re-determine the constituencies/wards reserved for Other Backward Classes, Women and General Category by the Lottery System.

The power to issue a Notification includes the power to rescind, vary, modify or amend a Notification. In the absence of any provision in the Act or the Rules empowering the authority to vary or rescind the order made under the Rules, the provisions of Section 23 of the General Clauses Act can be pressed into operation if the circumstances so necessiated, but, however, the procedural formalities have to be followed and it cannot be circumvented. Section 23 of the General Clauses Act reads as under: —

"23 Power to make or issue includes power to add, to amend, vary or rescind orders etc. —Where, by any law, a power to make or issue orders, rules, regulations, schemes, forms, bye- laws or Notification is conferred then that power includes the power exercise able

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