Document Fragment View
Fragment Information
Showing contexts for: gerrymandering in State Of Madhya Pradesh & Ors vs Devilal on 20 December, 1985Matching Fragments
A close and combined reading of these provisions and the other provisions of the Act which follow hereafter make it quite evident that the actual control over the Gram Panchayat in a block is through the Janapada Panchayat for the block. It would also appear that the result of the elections to the Janapada Panchayat would depend upon the nature of the electoral roll prepared for each constituency in a block. If the State Government were to issue a notification under sub-s.(1) of s.106 of the Act for redistribution of the constituencies in a block after the process of election has started, it would necessarily change the whole pattern of voting in the election of members to the Janapada Panchayat. This is plainly a typical case of gerrymandering. As is well-known, 'gerrymander' is an American expression which has taken root in the English language, meaning to arrange election districts so as to five an unfair advantage to the party in power by means of a redistribution act or to manipulate constituencies generally.
The whole purpose of delimitation of a block into constituencies under sub-s.(1) of s.106 of the Act is to ensure that every citizen should get a fair representation to the Gram Panchayat and in turn to the Janapada Panchayat and the Zila Panchayat. The result of any election under a majority system depends in fact not only on the way people vote but on the way their votes are distributed among the constituencies. It was therefore impermissible for the State Government to redistribute the constituencies in the Manasa Block under sub-s.(1) of s.106 of the Act so as to give an unfair advantage to the party in power to gain control over the Janapada Panchayat and in turn over the Zila Panchayat. This is precisely what has happened in this case as is clear from the narration of facts. Although the High Court has not touched upon this aspect, it is quite apparent that the act of gerrymandering was to manipulate the result of the Janapada Panchayat and thereby materially affect the constitution of the Zila Panchayat.