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1 - 10 of 12 (0.18 seconds)Andhra Pradesh Panchayat Raj Act, 1994
Article 244 in Constitution of India [Constitution]
The Provisions Of The Panchayats (Extension To The Scheduled Areas)
Jagannath Agarwala vs State Of Orissa on 8 March, 1961
15. For the reasons aforementioned, we accept the contention raised by the learned Additional Advocate-General that the present election must be held to be the first election which is being held in the agency area having regard to the fact that A.P. Gram Panchayat Act, 1994 has not been extended. The decision, of the apex court in JAGANNATH AGARWALA's case (supra) was rendered absolutely in a different context. Assuming that the word "ordinary" may be held to be applicable where an action had been taken in a majority of cases but the same principles cannot be held to be applicable when the Act itself is not extended by reason of a constitutional mandate. It may be that the election of the ZPTC was held but the same being a nullity, it was non est in the eye of law. The concept of state-wide election must be construed to mean the election held under the statute which in turn would mean that such election is held in respect of the areas to which the Act was applicable. As the agency areas had been excluded by reason of the provisions of the Constitution as noticed hereinbefore, the contention of the learned counsel for the petitioner cannot be accepted.