petitioners that in view of the constitutional mandate enshrined in Article 243E(3)(a) and also in Section 15(1) (first proviso) of the Gujarat ... holding that the time limits stipulated in Articles 243E(3) and 243U(3) are not merely mandatory, but also peremptory, after hearing the learned Advocate
promulgated
by the Governor of Gujarat as ultra vires Article
243E of the Constitution of India. Thereafter,
additional prayers have been added by the draft ... promulgated by the
Governor of Gujarat as ultra vires Article 243E
and Article 243U(3) of the Constitution of
India. The petitioners have also prayed
within the time limit stipulated in Article 243U(3) or in Article 243E(3) of the Constitution because Article 243ZA and Article 243K specifically provide ... provisions of clause (3) of Article 243U and clause (3) of Article 243E of the Constitution. We are of the view that it is necessary
longer."
This Section is obviously based on the provisions of Article 243E of the Constitution, relevant portion of which reads as under :-
"243E ... curtail the term of five years stipulated in Clause (1) of Article 243E and Sub-section (1) of Section 13 of the Panchayats Act. Section
some of the statutory provisions relevant for the above purpose.
10. Article 243E of the Constitution provides for the duration of Panchayats and provides, inter
referred to above this Court was concerned with the provisions of Article 243E of the Constitution providing that " Every Panchayat, unless sooner dissolved under
panchayats whereas Article 243K makes provision for election of panchayats. Article 243E enacts law relating to duration of panchayats which is material and it reads ... Section 13(1) of the Gujarat Panchayats Act, 1993 read with Article 243E(1) of the Constitution, Hence, the prayer is rejected
time.
5.3 Referring to Articles 243(b)(d) , 243A , 243B ,
243C , 243D , 243E , 243F and 243G of the
Constitution of India, it was contended that
mandatory. It is true
that by virtue of the language under Article
243E(1) and Article 243U(1) it is stated as
five years from ... natural
calamity, the mandatory character of the
language used under Article 243E(1) and
Article 243U(1) for "No longer" would
Section 253
of the Act, 1993 and further effect of Article 243E of the
Constitution of India introduced in the year 1993 and
amendment carried
