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2015 Supreme(All) 1184

ARUN TANDON, ASHWANI KUMAR MISHRA
SURESH JAISWAL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
S.K. Singh Paliwal, Shashi Nandan, Krishan Ji Khare, Satish Kumar Tyagi, J.H. Khan, Imran Khan, W.H. Khan, P.N. Tripathi, Shashwat Shukla, Sanjay Kumar, Alok Sharma, Anubhav Chandra, Gautam Chaudhary, Namit Srivastava, M.C. Chaturvedi, Parul Srivastava, Sengar Vineet Singh, Gaurav Tiwari, P.C. Pandey, S.K. Mishra, Hari Pratap Gupta, Gajala Srivastava, Manish, Nipun Singh, Anurag Khanna, Dr. Manoj Dubey, Sudhir Dixit, Rishi Kant Rai, Mahipal Singh, Prashant Kumar Singh, S.Q. Khan, Meraj Ahmad Khan, Santosh Kumar Singh, Rajesh Kumar Dubey, Om Prakash Pandey, Shamshad Ahmad, Gulab Chandra, Santosh K. Srivastava, D.C. Yadav, R.N. Singh, Vishal Kashyap, P.N. Tripathi, K.M. Asthana, Ram Mohan, Anil Kumar Aditya, Udayan Nandan, Arif Ikbal, Rajesh Gupta, S.N. Srivastava, Ramesh Chandra Tripathi, Satendra Pratap Singh, K.D. Tiwari, B.D. Mishra, Slok Dwivedi, Ajai Kumar Srivastava, J.P. Singh, R.P.S Chauahn, Rajesh Kumar Singh, Satish Chand, Ghanshyam Dwivedi, S. Pratap Singh, J.P.N. Singh, P.N. Saxena, Akhilesh Kumar Ojha, Dr. D.K. Tiwari, Shashi Kant Kushwaha, P.N. Kushwaha, A.K. Malviya, A.L. Yadav, S.K. Nigam, J.P. Singh, Rama Nand Pandey, Pradeep Narayan Pandey, Pavan Kishore, Piyush Srivastav, Sudhir Dixit, Anupam Shyam Dwivedi, Chandra Bhushan Yadav and Kirtikar Pande for the Petitioner; C.S.C., Tarun Agrawal, Tahira Kazmi, S.I. Siddiqui, S.N. Ahmad, V.K. Dixit, Chhaya Gupta, K.P. Singh for the Respondents.

JUDGMENT

By the Court.—State of Uttar Pradesh has initiated process for holding of elections of Panchayats assigned constitutional recognition under Part-IX introduced by Constitutional 73rd Amendment Act, 1992. Article 243-B, falling in Part-IX of the Constitution provides for constituting in every State Panchayat at the village level intermediate level and district level. State of U.P. had already enacted U.P. Panchayat Raj Act, 1947 (hereinafter referred to as ‘Act of 1947’) as well as U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 (hereinafter referred to as ‘Adhiniyam of 1961’), for the purposes of establishing Panchayats and these enactments came to be amended vide U.P. Act No. 9 of 1994 so as to bring them in conformity with the provisions of Part IX of the Constitution. Rules have also been framed by the State under the Act of 1947 and Adhiniyam of 1961 for the purposes of holding of elections.

2. Delimitation/creation of constituencies, reservation of seats, principle of rotation to be applied etc. have all been provided under the Acts and Rules. Government order from time to time have also been issued for the purposes. For the elections to be held in 2015, a Go











































































































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