Article 243-C providing for 'Composition of
Panchayats', Article 243-K provision for 'Elections to the
Panchayats', Article 243-O providing ... incorporated in the Constitution containing Articles 243 , and 243 A
13
sng wpst-26 & 28.2021
to 243-O by the Constitution (Seventy-third Amendment
Zila Panchayats. In view of the constitutional bar contained in Article 243-O of the Constitution, it would not be appropriate or proper ... Article 226 , in matters relating to holding of elections, the Court was of the considered opinion that the constitutional bar contained in Article 243-O
made by it under Article 327. If we read
Articles 243-C , 243-K and 243-0 in place o Article 327 and
sections ... that since
sub-clause (a) of Article 243-ZG is in the same terms as of Article
243-O , the question posed with regard
only be made by it under Article 327. If we read
Articles 243-C , 243-K and 243-O in place of Article ... only be made by it under
Article 327. If we read Articles 243-C , 243-
K and 243-O in place of Article
Article 243-B of the
rural areas. Article 243-B provides for constitution of Panchayats.
of
Article 243-C relates to composition of Panchayats; Article ... election petition.
10. Articles 243(d) , 243-D , 243-E , 243-K(1) , 243-M(1) and
(4) , Article 243-O and Article
constituencies made or purporting to be made under Article 243(k) of the Constitution. Under Article 243(k)(l) of the Constitution the superintendence, direction ... conclusion. (2) The provision of a special jurisdiction ( Article 329(b) is similar to Article 243(o)(b) ) which can be invoked by an aggrieved
question by filing a
petition under Article 226 of the Constitution.
(3) The bar contained in Article 243-O operates at all stages ... constitutional hiatus on account of indirect violation of Article
243-K(3) read with Article 243-K(1).
(5) Where the petitioner raises grounds which
petitions that
there is a bar contemplated under Article 243-O of the
Constitution against entertaining the instant petitions
31
and therefore the petitions should ... provisions contained
in Article 243-O of the Constitution which reads as
hereunder:
"243-O. Bar to interference by Courts in electoral
matters:-
Notwithstanding
O , the enactment of Article 243(F) was within its knowledge, still the Parliament by a non-obstante Article 243-O made mandatory provisions under ... includes Article 243(F) as well. The aforesaid expression "notwithstanding anything in this Constitution" contained in the beginning of Article 243-O
this stage, we may also refer to Article 243-K
(4) and Article 243-O of the Constitution of India. The relevant
provisions of Article ... election of a Panchayat as defined under Article
243(d). The mandate of Article 243-O is as supreme as mandate
of any other Article
