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december 1985

Supreme Court of India · 1985-12-20

STATE OF MADHYA PRADESH & ORS. vs DEVILAL

Citation / case number
SC 1972/60429
Court
Supreme Court of India
Petitioner
STATE OF MADHYA PRADESH & ORS.
Respondent
DEVILAL
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court held that under Section 106 of the Madhya Pradesh Panchayats Act, 1962, the State Government lacks the authority to alter or modify constituencies once the election process has commenced. The Court affirmed the High Court's decision to quash the notifications issued on November 25 and 29, 1970, emphasizing that the requirement to afford an opportunity for objections is not merely discretionary but essential when the election process is underway. The ruling clarified that the separation of Gram Panchayat and Janapada Panchayat elections does not grant the State Government the power to modify constituencies post-notification during elections.

STATE OF MADHYA PRADESH & ORS. vs DEVILAL · Niyam