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2013 Supreme(P&H) 337

Hemant Gupta, Ajay Tewari, Rajiv Narain Raina
Abhishek Rishi – Appellant
Versus
State of Punjab – Respondent


For the Petitioner (CWP No.11071 of 2011):M/s D.S. Patwalia and Salil Sabhlok, Advocates, Amicus Curiae.
For the Petitioners (CWP Nos.10848 and 10297 of 2011):Mr. Vikas Chatrath, Advocate, Ms. Alka Chatrath, Advocate.
For the Petitioner (CWP No.10442 of 2011):Mr. Ramdeep Partap Singh, Advocate.
For the Petitioner (CWP No.3752 of 2012):Mr. B.R. Mahajan, Advocate and Ms. Gaganpreet Kaur, Advocate.
For the Petitioner (CWP Nos.22837 and 22841 of 2011):Mr. Kapil Kakkar, Advocate.
For the Respondent No.4 (CWP No.9284 of 2011): Mr. Gurinder Pal Singh, Addl. A.G., Punjab.
Mr. R.D. Anand, Advocate.

JUDGMENT

Mr. Rajiv Narain Raina, J.:- The Constitution (Seventy Third) Amendment Act, 1992 (for short the “73rd Amendment”) introduced Part IX in the Constitution of India relating to Panchayats, the provisions of which were promulgated on 24.4.1993. Articles 243 to 243-O were, inter alia, incorporated by the said amendment in the Constitution under the heading “The Panchayats”. The underlying objective of inserting Part IX was to create democratic decentralization and devolution of the powers of the legislature upon panchayats with respect inter alia to the preparation and implementation of plans for economic development and social justice for ensuring that traditionally marginalized groups in rural settings should progressively gain foothold in local self-government.

2. Article 243(d) of the Constitution defines ‘Panchayat’ to mean an institution (by whatever name called) of self-government constituted under Article 243B for the rural areas. Article 243B reads as follows:

“243B. Constitution of Panchayats.-(1) There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part.

(2) Notwithstanding a




























































































































































































































































































































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