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2. Thus the proposition emerges out from a perusal of Article 243E, of the Constitution of India is that the maximum term for which a panchayat can function is five years from the date appointed for its first meeting which cannot be extended. The election to constitute a panchayat shall be completed before the expiry of its duration specified in clause (1) of Article 243E.

3. It appears that the State of U. P. has issued the Ordinance under Entry 5. List-11, which empowers the Legislature of the State to make laws regarding local Government, that is to say, the Constitution and powers of Municipal Corporation, improvement trusts, district board, mining settlement authority and other local authorities for the purpose of local self-Government or village administration.

20. In the counter-affidavit, it was further stated that on 22.10.1999. Joint Secretary. Ministry of Rural Development. Government of India, New Delhi, addressed a letter to Secretary. Panchayat Raj. Uttar Pradesh Shasan, drawing his attention to the mandate contained in Article 243E(3)(a) of the Constitution of India which stipulates that elections to - re-constitute the panchayats must be held prior to the expiry of term of current panchayats. That letter was received by the Secretary. Panchayat Raj. Uttar Pradesh Shasan, on 3.11.1999, but the same was forwarded to Secretary. State Election Commission by letter dated 31st January. 2000. Prior to receipt of that letter. State Election Commission had already taken steps and made preparation to hold elections within the specified period and thus complied the command contained in Article 243E(3)(a) of the Constitution of India.

31. The constitutional flat contained in Article 243E is to the extent that every panchayat unless 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. The mandate is absolute. No panchayat can function for more than a period of five years. The words "shall and no longer" are of paramount importance. Article 243E, leaves no option, by providing that an election to constitute the next panchayat shall be completed before the expiry of his duration specified in clause (1). A perusal of the said Article shows that word "shall" has been used, meaning thereby : that election must be held before the expiration of the term of the panchayat as specified in clause (1). The words "no longer" unequivocally mandates that fresh elections to constitute the next panchayat at any cost must be completed before expiry of the duration of five years of ongoing panchayat.

37. In effect, the entire Ordinance suffers from repugnancy to the Constitutional provisions contained in Articles 243E and 243K of the Constitution. Any attempt on the part of the State Government to nullify the effect of any provision of the Constitution deserves depreciation. If the State Government does not abide by the Constitutional mandate, by issuing an Ordinance, which is not in consonance with any provision of the Constitution of India, the State Government is to be squarely blamed for the delay, if any, in holding the election. We are definitely of the view that the entire Ordinance is ultra vires to the provision of Articles 243E and 243K, of the Constitution of India. The view which we have taken is fortified by the pronouncement of a Division Bench of Karnataka High Court in Professor B. K. Chandra-shekhar and another v. State of Karnataka. AIR 1999 Karn 461.