( 1 ) IN this and in other connected Writ Petitions Nos. 3334, 2484, 2111, 2194, 2216, 2277, 2376, 2506, 2523, 2923, 3312, 3482, 3573, 3061, 3607, 3608, 3612, 3621, 3631, 3635, 3636, 3643, 3659, 3666, 3697, 3702, 3189, 2415, 3616, 3617, 2383, 3699, 2262, 2258, 3703, 2382 and 2249 of 1990 and 3, 4, 5,10, 47, 49, 101, 102, 110, 216, 217, 255, 274, 415, 463 and 218 of 1991, the disposal of which shall be governed by this order, challenge is to the legislative competence and the vires of certain provisions of the Madhya Pradesh Panchayat Raj Adhiniyam, 1990, (Act No. 13 of 1990) and Rules made thereunder.

( 2 ) THE Indian polity has recognised the village panchayats and Janpad panchayats as the basic units of a Government. With the awakening of the desire to participate in the governance of the State, the demand for decentralisation of political power increased. In the erstwhile State of C. P. and Berar there were two Acts. The Central Provinces and Berar Panchayats Act, 1946 and the Central Provinces and Berar Local Government Act, 1948. Similar enactments were in force in the former State of Madhya Bharat, the Vindhyachal Pradesh Region, Bhopal Region and Sironj Region.

( 3 ) AFTER the re-organisation of the States and formation of the State of Madhya Pradesh in the year 1956, the aforesaid Acts continued to be prevalent in different Regions of the State till before the M. P. Panchayats Act, 1962 (Act No. 7 of 1962) was enacted. While mentioning the objects of this Act, it was stated that the principal need of the country as to all round rural development was generally acknowledged and could be achieved only if there by rural initiative and intelligent co-operation of the rural population and by giving the adult rural population a right to participate in the village administration. This Act provided for three tier panchayat system containing 399 sections. Feeling need for short and simple Act, the State Legislature enacted the Madhya Pradesh Panchayat Act 1981, repealing the Panchayat Act of 1962.

( 4 ) AFTER the Government led by Bharatiya Janta Party assumed power in the State Assembly, the State Legislature enacted the Panchayat Raj Adhiniyam, 1990 (Act No. 13 of 1990 ). The said Act received the assent of the Governor on 10-7-1990 and was published in the M. P. Gazette (Extraordinary) dated 31-7-1990. The purpose of the Act, as stated in the Preamble, is :"an Act to consolidate and amend the law relating to establishment of panchayats with a view to ensure effective involvement of the Panchayat Raj Institutions in the local administration and development activities. "

( 5 ) ALL these Panchayat Acts contained provisions to organise village panchayats and endow them with necessary powers and authority to enable them to function as units of a self-government. This is in furtherance of directive principles contained in Art. 40 of the Constitution embodying the sacred wish of Mahatma Gandhi, the father of the Nation that even a rustic person in the interior village of the country may feel proud of being a citizen of a free nation by participating in the local administration. Art. 40 of the Constitution of India reads as under :"40. Organisation of village panchayats - The State shall take steps to organise village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. "the inclusion of this Article 40, to quote Seervai, the learned author, "appears to have been a sop for those who held that a democratic Indian Constitution should be founded on the village as unit of Government. "

( 6 ) LEARNED counsel for the petitioners opened their case with a severe attack to the provisions of S. 4 of the Panchayat Raj Adhiniyam, 1990 (hereinafter referred to as 'the Adhiniyam ). Section 4 of the Adhiniyam relating to the establishment of Gram Sabhas, is as follows :"4. Establishment of Gram Sabha - The State Government or the prescribed authority shall