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12. Article 243E, which is also relevant for consideration reads as under:

"243E. Duration of Panchayats etc.--(1) 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.
(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).

30. In view of the aforesaid situation. Sections 20, 22 of the Adhiniyam, 1961, Article 243A of the Constitution as well as Section 12 (3) of U. P. Panchayat Raj Act may be interpreted in such a manner where the lacunae which may give rise to the interested persons to defeat the purpose and object of the Constitution and Act may be avoided.

31. If the provisions of Article 243E of the Constitution of India, is strictly construed in its textual or literal sense, then the term of each Panchayat would be different and election for every Panchayat would be held on different dates. It would be difficult rather impossible task for the State Election Commission to gather such information as to when the first meeting of the Panchayat was held and then to fix a time table for holding the election of each and every Panchayat. In case of Zila Panchayat, Section 61 of the Adhiniyam, 1961 deals with the meetings of Zila Panchayats, which provides that a Zila Panchayat shall meet for the transaction of business at least once in every two months. Each Zila Panchayats may not meet on particular date. There may be variance about the dates when the first meetings of the Zila Panchayat take place, meaning thereby ; that the term of every Zila Panchayat would come to an end on different dates. A duty has been cast upon us to reconcile the provisions of aforesaid Section of Adhiniyam, 1961 and U. P. Panchayat Raj Act, 1947, indicated hereinabove with the different provisions of some of the Articles of Constitution. If construed literally or textually. It may destroy the functioning of the Zila Panchayat. We are of the view that the aforesaid provisions of Adhiniyam, 1961, should be read along with Article 83(2), 172(1), 243(d) and 243E of the Constitution of India because if two alternative constructions in the Statute are available, the construction which are in consonance with the spirit of the Constitution should be adhered to.

60. But as we have pointed out earlier that the Executive or the Adhyaksha, if elected may not call a meeting for several months or years, as in the instant case. When Article 243E of the Constitution was enacted, new facts and situations which have arisen now could not have been contemplated. If a particular provision results into injustice, mischief, inconvenience, absurdity or anomaly, it is the duty of the Court to obviate the injustice, absurdity, anomaly, mischief or inconvenience to fulfil the purpose of the statute. As the circumstances have underwent change it is the duty of the Court to rearrange the words in such a way which is in accordance with the intendment of the Legislature. While enacting Article 243E of the Constitution, Section 20 (1) of Adhiniyam. 1961, and Section 12 (3) of U. P. Panchayat Raj Act, neither the Parliament nor the State Assembly foresaw that the purpose and object of Part-IX of the Constitution or Adhiniyam. 1961 or U. P. Panchayat Raj Act, 1947, may be defeated. This Court cannot allow the intention of either the Parliament or the Legislative Assembly to fail for any defective drafting of the draftsman, which neither the Parliament nor the Assembly intended. As neither Article 243E of the Constitution nor Section 20 (1) of the Adhiniyam. 1961, or Section 12 (3) of U. P. Panchayat Raj Act. 1947, defines or explains "date appointed for its first meeting" or the authority who will call the first meeting, hence it is the duty of the Court to mend the words in such a way which may be in conformity with the intendment of the Parliament or the State Legislature. As the intendment of the Parliament and the State Legislature is explicit and clear by adding Part IX of the Constitution by 73rd Amendment, thereafter the Adhiniyam, 1961, and U. P. Panchayat Raj Act, 1947, were suitably amended. The intendment of both the Parliament and the State Legislature was to strengthen the democracy at the grass-root level and to involve the Panchayats into the development activities. This Court can never allow the intention of the Parliament or the State Legislature to fail.

61. Every student of Constitutional Law knows it fully well that under Article 75 of the Constitution of India, the Prime Minister shall be appointed by the President and the Ministers shall be appointed by the President on the advice of the Prime Minister. The Prime Minister shall hold the office during the pleasure of the President.

The Council of Ministers shall be collectively responsible to the House of the People. Nowhere in the Constitution, is it mentioned that the President will appoint only that person as the Prime Minister who is elected as a leader by the members of a particular party or parties, but according to the conventions and practices, the President invites only that person as Prime Minister, who commands the confidence of the majority of the members of the House and as soon as he loses that confidence, he will have to resign or be dismissed by the President, who may call another person to form the Ministry, who inspires confidence of the majority in the House. According to clause (2) of Article 83, the House of the People, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the House. The term of the House of People starts from the first meeting but the first meeting immediately takes place when after the election, the Commission issues notification after the general election. Same convention and practice may be observed by the State Government after the declaration of the result of the Panchayats. But it was not done, as a result of which the anomalies, inconvenience and difficulties arose, which require to be remedied. But while doing so, we do not rewrite, or read or to add anything in Article 243E of the Constitution but it may be construed in such a way where the intendment of the Constitution may not be defeated. Construing a particular provision of the Constitution to achieve the purpose and object of the Constitution or filling a gap to check the abuse of power by any authority or person, cannot amount to rewriting in any provision of the Constitution. Hence, we construe Article 243E, by adding the words "by the Governor with the consultation of the State Election Commission" after the words "date appointed".