Articles 56(1) and 62(1) themselves which correspond to clause (1) and sub-clause (a) of clause (3) of Article 243E in the case ... this Court under Article 226 of the Constitution for ensuring due compliance with the provisions of clause (3) of Article 243E and clause
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 ... Panchayats" has been inserted into the
constitution. The relevant Articles are Articles
243E , 243K , 243N read as under:-
"243E. Duration of Panchayats
local bodies within the time limit stipulated in Article 243U(3) or in Article 243E(3) of the Constitution because Article 243ZA and Article 243K ... Article 226 of the Constitution for ensuring due compliance with the provisions of clause (3) of Article 243U and clause (3) of Article 243E
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 ... Constitution.
It is not possible to accept this argument because Article 243-E while providing that every panchayat shall continue for five years
Part IX. Article 243C provides for composition of panchayats whereas Article 243K makes provision for election of panchayats. Article 243E enacts law relating to duration ... Section 13(1) of the Gujarat Panchayats Act, 1993 read with Article 243E(1) of the Constitution, Hence, the prayer is rejected
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
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
AIJEL-HC
233288, to submit that considering the spirit of
Article 243E(3) of the Constitution of India, the
Court while interpreting the similar provisions
