vires of the Ordinance, it would be relevant to reproduce Article 243E of the Constitution of India.
243-E. Duration of Panchayats. etc.--[1] Every ... dissolved.
2. Thus the proposition emerges out from a perusal of Article 243E , of the Constitution of India is that the maximum term for which
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
Adhyaksha, Zila Panchayat.
5. Taking a cue from the provisions of Article 243E of the Constitution of India, it was asserted ... district levels in accordance with the provisions of this Part.
12. Article 243E , which is also relevant for consideration reads as under:
"243E. Duration
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
relevant portion of which reads as under:-
"29. According to Article 243E , of the Constitution of India,
the term of the panchayat ... trampling down the edict of
the Constitutional provision contained in Article 243E and
243K , which vest plenary powers to the State Election
Commission, consisting
well as in violation of the mandate of the
Article 243E of the Constitution of India?
II. Whether Section ... length; in view of the clear and
unequivocal mandate of Article 243E of the Constitution of India
read in conjunction with the provision of Section
level shall be
elected by, and from
amongst, the elected
members thereof.
243E Duration of 243U Duration of
Panchayats, etc. Municipalites, etc.-
(1) Every Panchayat ... institutions.
10. Bare perusal of the above indicates that Article 243B ,
243C , 243E , 243K of the Constitution of India and Section
well as in violation of the mandate of the
Article 243E of the Constitution of India?
II. Whether Section ... length; in view of the clear and
unequivocal mandate of Article 243E of the Constitution of India
read in conjunction with the provision of Section
level shall be
elected by, and from
amongst, the elected
members thereof.
243E Duration of 243U Duration of
Panchayats, etc. Municipalites, etc.-
(1) Every Panchayat ... institutions.
10. Bare perusal of the above indicates that Article 243B ,
243C , 243E , 243K of the Constitution of India and Section
level shall be
elected by, and from
amongst, the elected
members thereof.
243E Duration of 243U Duration of
Panchayats, etc. Municipalites, etc.-
(1) Every Panchayat ... institutions.
10. Bare perusal of the above indicates that Article 243B ,
243C , 243E , 243K of the Constitution of India and Section
