TMI Blog2006 (11) TMI 694X X X X Extracts X X X X X X X X Extracts X X X X ..... cordance with the provisions of the said Part. Part IX speaks of composition of panchayats (Article 243C), reservation of seats (Article 243D), and duration of panchayats (Article 243E). It also provides for disqualifications for membership in terms of Article 243F stating: 243F. Disqualifications for membership.--(1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat-- (a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned: Provided that no person shall be disqualified on the ground that be is less than twenty-five years of age, if he has attained the age of twenty-one years; (b) if he is so disqua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being chosen as, and for being, an office bearer, of a Panchayat (a) if he is so disqualified by or under any law for the time being in force for the purposes of the election to the State Legislature: Provided that no person shall be disqualified on the ground that he is less than 25 years, if he has attained the age of 21 years; (b) * * * (c) if he has encroached upon any land belonging to, or taken on lease or requisitioned by or on behalf of, the State Government, a Municipality, a Panchayat or a Co-operative Society unless a period of six years has elapsed since the date on which he is ejected therefrom or he ceases to be the encroacher; or * * * (2) The question whether a person is or has become subject to any of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n making petition; or (b) when it is sent by registered post and is delivered to the authorized officer or any other person empowered to receive it. Section 174 of the Act provides for jurisdiction of the court to pass order in the manner laid down therein after inquiring into the election petition by the authorized officer. Section 175 of the Act provides for the grounds upon which an election petition can be dismissed or an election can be set aside. Respondent herein was elected as a member of Zilla Parishad. The result of election was declared on 5.01.2001. An application was filed by Respondent No. 2 Daulat Ram before the Deputy Commissioner, Shimla District alleging that as he, having been declared an encroacher within th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainable for setting aside his election. Disqualification as provided for under Article 243F has been laid down in Section 122 of the Act. Section 175 of the Act provides for disqualification as one of the grounds upon which an election petition could be filed. Interpreting the aforementioned provisions, a Division Bench of the Himachal Pradesh High Court opined that the order dated 27.06.2002 passed by the Deputy Commissioner is not sustainable in law. Mr. J.S. Attri, learned AAG appearing on behalf of the appellants would submit that although the provisions of Section Section 163 are ordinarily required to be taken recourse to but having regard to the fact that in terms of Sub-section (2) of Section 122 of the Act, the question as re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndate contained in Part IX of the Constitution of India. The provisions of the Act, therefore, are required to be construed strictly in terms thereof. Clause (b) of Article 243O of the Constitution of India mandates that no election shall be set aside save and except by an order passed by the Authorised Officer. In our considered opinion, Section 122 of the Act must be read in the light thereof. Section 162 of the Act expressly provides for the exclusive jurisdiction of the Authorised Officer to determine the existence or otherwise of any ground enumerated in Section 175 of the Act. Once, thus, a person is declared to be an encroacher prior to the date on which he has been declared as elector and if the said order has attained finality, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bay Dyeing Mfg. Co. Ltd.(3) v. Bombay Environmental Action Group Ors. (2006) 3 SCC 434, Nathi Devi v. Radha Devi Gupta (2005) 2 SCC 271, Lalit Mohan Pandey v. Pooran Singh Ors. (2004) 6 SCC 626, Indian Handicrafts Emporium Ors. v. Union of India Ors. (2003) 7 SCC 589 and Balram Kumawat v. Union of India Ors. (2003) 7 SCC 628] It is also well-settled that the entire statute must be read as a whole. The relevant provisions of the Constitution as also those in the statute must, thus, be read harmoniously. [See Bombay Dyeing (supra) and Secretary, Department of Excise Commercial Taxes and Others v. Sun Bright Marketing (P) Ltd., Chhattisgarh and Another [(2004) 3 SCC 185]. So read, we are of the opinion that the Division Bench of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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