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Madhya Pradesh Panchayats Act, Section 106, constituency delimitation, Janapada Panchayat elections, State Government powers, mala fide notification, gerrymandering, public objection
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20 Dec, 1985
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As per case facts, the State Government, after establishing Gram Sabhas and delimiting constituencies for Janapada Panchayats, issued notifications to redistribute these constituencies and reallocate reserved seats after Gram Panchayat
...elections were completed but during the Janapada Panchayat election process. The respondent challenged these notifications, alleging lack of statutory power, mala fide intent, and failure to provide public objection opportunities. The High Court quashed the notifications, a decision the State appealed, citing conflict with a previous High Court ruling and arguing public objection was not mandatory. The question arose whether the State Government could legally modify or alter already delimited block constituencies under Section 106 of the Madhya Pradesh Panchayats Act once the election process had commenced, especially without public consultation. Finally, the Supreme Court dismissed the appeal, holding that the State Government lacked the power to alter constituencies after the election process had started, particularly without any underlying alteration in Gram Sabha or block limits as per the Act. The Court found the notifications to be mala fide and an act of gerrymandering, undermining fair representation. It emphasized that even if such power existed, providing an opportunity for public objections was a mandatory procedure.
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