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10. Petitioners contend that the State Government is resorting to impose bureaucratic rule to circumvent Article 243-E of the Constitution of India which cannot be allowed and this Court has to interdict the same under Article 226 of the Constitution of India. It is submitted that democracy including self governance, being one of the basic structure of the Constitution of India, the Government has to conduct elections under any circumstances following the letter and spirit of Article 243-E of the Constitution except in case of genuine supervening difficulties like natural calamities which would prevent the State from holding of elections.

e) Whether the ex-sarpanches are entitled to be appointed as person-in-

charge to run the administration of the Gram panchayats till elections are held?

f) To what relief?

Point (a):

43. In para-7 of the affidavit filed in support of this W.P, a specific contention is raised by the petitioners that the State Government is resorting to impose bureaucratic rule to circumvent Article 243-E of the Constitution of India which cannot be allowed, and this Court has to interdict the same under Article 226 of the Constitution of India. It is contended that 'democracy' is one of the basic structures of the Constitution of India which provides self-governance and the ::18:: MSR,J wp_32346_2018 Government has to conduct elections under any circumstances following the letter and spirit of Article 243-E except in case of genuine supervening difficulties like natural calamities which would prevent the State from holding elections. In the present case, it is contended that no such situation is troubling the State Government to conduct elections and in the said circumstances, the Government cannot take shelter of Section 143 of the Act and appoint Special Officers. If at all they want to do so, they can appoint the petitioners and Members of the Gram Panchayat as Committee of persons-in- charge.

93. In fact, in the State Election Commission case (2 supra), this Court held that holding of periodical and regular elections to the democratic bodies within the time frame is one of the facets of democracy, which is the Basic Structure of the Constitution of India and any attempt made to make these bodies defunct by not holding elections within the time frame is to be declared unconstitutional.

94. The stand of the State shows that it has not shown the required regard to the mandate of Art.243-E (3) (a) or the legal precedents holding it to be mandatory. Thus it's inaction before 01.08.2018 and its delay after 01.08.2018 in conducting of elections to Gram Panchayats is not bona fide, and has to be termed as unconstitutional. The State cannot be permitted to administer the Gram Panchayats by it's officials for an unreasonable time defeating the Constitutional principle of 'local self government' of the Gram Panchayats.