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DISCUSSION ON THE NATURE OF TIME LIMIT FOR HOLDING ELECTIONS

16. On a bare perusal of the provisions of clause (1) of Article 243E, it is clear that unless sooner dissolved under any law, every panchayat shall continue for five years from the date appointed for its first meeting and no longer. Hence, under no circumstances, the panchayat can continue even for one day beyond its term of five years from the date appointed for its first meeting. Clause (3) of Article 243E stipulates the period to complete the election to constitute a panchayat - before the expiry of its duration specified in clause (1). Hence, the emphasis in the words Sand no longer in clause (1) is also carried forward in clause (3)(a) of that Article to mean that San election to constitute a panchayat shall be completed before the expiry of five years from the date appointed for its first meeting and no later.

(emphasis supplied) 19.7 Reference to Article 71(4) was made only as an additional prop, but mainstay of the above decision was the language of Articles 56(1) and 62(1) themselves which correspond to clause (1) and sub-clause (a) of clause (3) of Article 243E in the case of panchayats and Article 243U in case of municipalities. The Apex Court treated Article 71(4) as a mere codification of the view already taken by Das, CJ in Narayan Bhaskar Khare's case (Supra).

19.8 A comparative analysis of the provisions of Article 243E and Article 243U on the one hand and the provisions of Articles 56(1) and 62(1) of the Constitution in relation to the election to the office of the President on the other hand makes it clear beyond any shadow of doubt that elections to panchayats and municipalities have to be held before expiry of their five year term. Thus the time limit is both mandatory and peremptory.

21. In our judgment dated 21.9.2005 in Special Civil Application No. 19047 of 2005 in relation to elections to municipal corporations also, we have taken the same view and held that the time limits stipulated in clause (3) of Article 243E and clause (3) of Article 143U are both mandatory and peremptory.

SHIFTING THE FOCUS OF THE DEBATE

22. It is, however, contended by the learned counsel for the respondents that while the provisions of Articles 243E(3) and 243U(3) stipulating the time limits for holding elections to panchayats and municipalities are mandatory, the other provisions in Part IX and IX-A of the Constitution are also mandatory. It is submitted that the very fact that the same Constitution provides in Article 243(f) and 243P(g) that population means population as ascertained at the last preceding census of which the relevant figures have been published and Articles 243O(a) and 243ZG(a) themselves confer immunity from judicial review on laws relating to the delimitation of constituencies and the allotment of seats to such constituencies to be made by the State legislature and Articles 243D and Article 243T themselves provide for reservation of seats for Scheduled Castes, Scheduled Tribes and for women in proportion to the population of these castes and tribes in the area and these articles also provide for reservation of 1/3rd number of seats for women-is enough indication that the Constitution attaches as much importance to the proportionate reservation for Scheduled Castes and Scheduled Tribes and also reservation for women and also to the delimitation of constituencies, as the Constitution gives to the time limits for holding elections. It is, therefore, submitted that focusing only on the time limits for holding the elections may not be allowed to work to the detriment of the other important facets of democracy such as delimitation of constituencies necessary for implementing the principle of equal representation. It is vehemently submitted by Mr Mihir Joshi for respondent No. 3 that a job well done but some what late is more important than a job not so well done within the stipulated time limit.

(i) the inaction or delay on the part of the authorities in taking the necessary steps for timely completion of the election process, and

(ii) the necessity of implementing the provisions for delimitation of constituencies, revision of electoral rolls and all the other processes which provide a fair representation to every citizen.

DISCUSSION-DELIMITATION & DEADLINE FOR ELECTION

27. On perusal of the various provisions in Part IX and IX-A of the Constitution, it is clear that the Constitution has cast an obligation to complete elections to Panchayats and the Municipalities before expiry of the duration of five years from the date appointed for the first meeting. All the provisions in Part IX in relation to panchayats are required to be read harmoniously. There can be no manner of doubt that all the authorities concerned with the determination of number of seats in panchayats and similarly the authorities determining the number of seats to be reserved for Scheduled Castes, Scheduled Tribes and women and the authorities for delimiting the wards as well as the authorities entrusted with the task of revision of electoral rolls are required to keep in mind the mandate enshrined in Article 243E(3) of the Constitution. While the Constitution specifically vests the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to panchayats and municipalities in the State Election Commission, it does not at all mean that the other authorities who are entrusted with the task of taking any preliminary steps prior to the Election Commission swinging into action, are not to obey the mandate contained in Article 243E(3) and 243U(3) of the Constitution. The Constitution does not intend, and could not have intended, that if any authorities other than the State Election Commission are not vigilant in the timely performance of their functions, then the State Election Commission must watch the scene as a mute and helpless spectator and cannot swing into action till the other authorities choose to issue necessary notifications as preliminary steps before the State Election Commission can commence the election process. Since the time limits stipulated in the provisions of Article 243E(3) and 243U(3) are both mandatory and peremptory, the State Election Commission must start taking all the necessary steps and the heavy responsibility cast on the shoulders of the State Election Commission even requires the Commission to request, remind, caution and alert the State Government and other authorities for taking timely action to see that all the preliminary steps are taken with utmost expedition so that the State Election Commission can then commence election process within the time limit stipulated in the constitutional provisions and also in the statutory provisions like Section 15 of the Panchayats Act.