The constitutional scheme and the provisions of the Uttar Pradesh Municipalities Act, 1916 and the U.P. Panchayat Raj Act, 1947 were harmoniously interpreted to conclude that the Gram Panchayat had ceased to exist, and the petitioner had no right to resist the holding of an election for the newly constituted Nagar Panchayat.

JUDGMENT :

1. The instant petition is directed against the notification dated 10.12.2020 issued under Section 4(1) of the Uttar Pradesh Municipalities Act, 1916 (hereinafter referred as 'the Act') and the notification dated 22.07.2022 issued under Section 3 (1) of the Act read with Article 243-Q of the Constitution of India. The petitioner has also prayed for a mandamus directing the respondents not to initiate exercise for fresh election of the newly constituted Nagar Palika and also restrain the respondents from interfering in the functioning of the petitioner as elected Gram Pradhan of Village Ahara, District Sant Kabir Nagar for period upto 3.05.2026.

2. The case of the petitioner is that he was elected as Gram Pradhan of Village Ahara, Block Haisar Bazar, Tehsil Dhanghatta, District Sant Kabir Nagar on 3.05.2021. His term of five years as Gram Pradhan would expire on 3.05.2026 in view of Article 243-E of the Constitution of India. However, by impugned notification, a transitional area has been constituted in the name of Nagar Panchayat, Haisar Bazar, District Sant Kabir Nagar. It includes the area of Gram Panchayat Bahara as well, of which the petitioner is Gram Pradhan, and now the respondents are intending to hold election of Nagar Panchayat, Haisar Bazar. As a result, the petitioner will automatically be ousted from his office of Pradhan of Gram Panchayat Ahara.

3. By impugned notification issued under clause (2) of Article 243-Q of the Constitution of India read with Section 3 of the Act, the Governor has notified the local limits of a transitional area by the name of Haisar Bazar. Article 243-Q is reproduced below :-

“243-Q. Constitution of Municipalities. -

(1) There shall be constituted in every State,-

(a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area.

(b) a Municipal Council for a smaller urban area; and

(c) a Municipal Corporation for a larger urban area, in accordance with the provisions of this Part:

Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of tile area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify to be an industrial township.

(2) In this article, ‘a transitional area’, ‘a smaller urban area’ or ‘a larger urban area’ means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Part.”

4. Section 3(1) of the Act, relevant for our purpose is also produced below :-

“3. Declaration etc. of transitional area and smaller urban area-(1) Any area specified by the Governor in a notification under clause (2) of Article 243-Q of the Constitution with such limits as are specified therein to be a transitional area or a smaller urban area, as the case may be.”

5. Constitution defines a 'Panchayat' under Article 243(d) as an institution of self-government constituted under Article 243-B, for the rural areas. Article 243-E mandates that every Panchayat, 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.

6. Similarly under Section 12 of the U.P. Panchayat Raj Act, 1947, the term of the Gram Panchayat is five years. Our Constitution is a living document. The Parliament while introducing the 74th Amendment, 1992 conferring constitutional status to institutions of self-Government like Panchayats and Municipalities, was alive of the reality that urbanisation is making inroads in the rural areas. The constitut