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2000 Supreme(All) 508

S.H.A.RAZA, KAMAL KISHORE
PREM LAL PATEL – Appellant
Versus
STATE OF UTTAR PRADESHTHROUGH SECRETARY, PANCHAYATI RAJ – Respondent


Advocates Appeared:
H.S.JAIN

S. H. A. RAZA, J.


( 1 ) MR. Prem Lal Patel, the petitioner of this writ petition, has assailed the Ordinance No. 10 of 2000, by means of which certain amendments were made in the Uttar Pradesh Panchayat Raj act. 1947, on the ground that the Ordinance is ultra vires to the provisions of Article 243-E (3) (a) of the Constitution of India which came into force on 24th April. 1993. by the Constitution (Seventy-third) Amendment Act, 1992. Before dealing with the vires of the Ordinance, it would be relevant to reproduce Article 243e of the Constitution of India. 243-E. Duration of Panchayats. etc.--[1] Every panachayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer. (2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a panchayat, at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1 ). (3) An election to constitute a Panchayat shall be completed : (a) before the expiry of its duration specified in clause (1); (b) before the expiration of a period of six














































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