IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :- 16.12.2010 Coram The HONOURABLE MR.M.Y.EQBAL THE CHIEF JUSTICE and The HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.Nos.24612, 23144, 25021, 24500, 24501, 25469 , 25296, 23617 , 24142, 24648 , 22791, 24796 of 2010 & W.P.(MD). No.12917 of 2010 & M.P.Nos.1,2,3 of 2010 K.Sridhar Kumar .. Petitioner in W.P.24612/2010 T.Ramakrishnan ..Petitioner in WP.23144/2010 B.Velmurugan ..Petitioner in WP.25021/2010 S.Radhika Sekar ..Petitioner in WP.24500/2010 G.Muralidharan ..Petitioner in WP.24501/2010 Bharatiya Janatha Party Rep. by its State Secretary, Mrs.Vanathi Srinivasan ..Petitioner in WP.25469/2010 Puthiya Tamilagam, rep. by its Founder - President, Dr.K.Krishnasamy ..Petitioner in WP.25296/2010 K.Periyanayagamary ..Petitioner in WP.23617/2010 Tindivanam K.Ramamurthee, Ex.M.P. President - Nationalist Congress Party, State of Tamil Nadu ..Petitioner in WP.24142/2010 G.Nanmaran ..Petitioner in WP.24648/2010 M.Bharathiar ..Petitioner in WP.22791/2010 K.Pitchaikani ..Petitioner in WP.24796/2010 D.Muruganantham ..Petitioner in WP.12917/2010 https://hcservices.ecourts.gov.in/hcservices/ Vs. 1.Union of India Rep. by the Secretary, Ministry of Law and Justice, New Delhi. 2.The Chief Election Commissioner Election Commission of India, Nirvachan Sadan, New Delhi. 3.The Secretary Department of Law Govt. of Tamil Nadu, Fort St. George, Chennai – 600 009. 4.Chief Electoral Officer and Secretary to Govt. Public (Elections) Department, Tamil Nadu, Chennai – 600 009. ... Respondents in W.P.24612/2010 1. Government of India Rep. by Secretary to Government, Ministry of Law & Justice, (Legislative Department), New Delhi. 2. The Election Commissioner of India Rep. by its Secretary, New Delhi. 3. Government of Tamil Nadu, Rep by its Secretary to Government & Chief Election Officer, Public Elections Depaprtment, Fort St. George, Chennai-9 .. Respondents in WP.23144/2010, W.P.24500/2010, 24501/2010, 25296/2010,24142/2010 1. The Chief Election Commissioner of India office of the Chief Election Commissionerof India, Nir Vachan Sadan, New Delhi. 2. The Union of India Rep.by its Secretary, Law Department, Parliament House, New Delhi. https://hcservices.ecourts.gov.in/hcservices/ 3. The Chief Electoral officer & Secretary to Government, Fort St. George, Chennai. 4. The Government of Tamil Nadu Rep. by its Secretary, Law Department, Fort St. George, Chennai. .. Respondents in W.P.No.25021/2010 1. Union of India, Rep. by its Secretary, Ministry of Law & Justice, New Delhi. 2. The Chief Election Commissioner, Election Commissioner of India, Nirvachan Sadan, Ashoka Road, New Delhi-110 001 3. The Chief Election Commissioner, Election Commissioner of Tamilnadu, Anna Maaligai, Koyambedu, Chennai-600 092. ..Respondent in WP 25469/2010 1. Union of India, Rep. by its Secretary, Ministry of Law & Justice, New Delhi. 2. Election Commissioner of India, The Secretary, Nirvachan Sadan, Ashoka Road, New Delhi-110 001 3. State of Tamilnadu, Rep. by its Chief Election Officer & Secretary to Government, Public (Elections VII) Department, Fort St. George, Chennai-600 009 ..Respondent in WP 23617/10, 22791/10, 12917/10 https://hcservices.ecourts.gov.in/hcservices/ 1. UNION OF INDIA REP BY ITS SECRETARY MINISTRY OF LAW AND JUSTICE 4TH FLOOR,'A' WING, SASTRI BHAVAN, NEW DELHI-11. 2 THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN, ASOKA ROAD, NEW DELHI-11. 3 STATE OF TAMILNADU REP BY ITS SECRETARY PUBLIC (ELECTIONS) DEPARTMENT, FORT ST.GEORGE, CHENNAI-9 4 THE CHIEF ELECTORAL OFFICER STATE OF TAMILNADU, FORT ST.GEORGE, CHENNAI- 9. Respondents in WP No.24648/2010 1 THE CHIEF ELECTORAL OFFICER AND SECRETARY PUBLIC (ELECTION) DEPARTMENT CHIEF ELECTORAL OFFICE 208/2 JAWAHARLAL NEHRU STREET, C.M.B.T. ARUMBAKKAM, N.S.K.NAGAR CHENNAI-106. 2 THE SECRETARY TO GOVERNMENT DEPARTMENT OF SCHOOL EDUCATION FORT ST. GEORGE, CHENNAI-9. 3 THE TEACHERS RECRUITMENT BOARD COLLEGE ROAD, CHENNAI-6. 4 THE DISTRICT REVENUE OFFICER/ ELECTORAL REGISTRATION OFFICER, THIRUNELVELI THIRUNELVELI DISTRICT. 5 THE TAHSILDAR SHIVAGIRI TALUK OFFICE THIRUNELVELI DISTRICT-627 757. RESPONDENTS IN WP.24796 OF 2010 Prayer:- This writ petition is filed under Article 226 of the Constitution of India to issue a writ of Certiorari to quash the impugned Presidential order contained in No.298. The Tamil Nadu Government Gazette dated 01.10.2010, as un-constitutional, null and void ab-initio. https://hcservices.ecourts.gov.in/hcservices/ WP 23144/2010,24500/2010,24501/2010: Praying to issue a writ of declaration declaring that the Tamilnadu Legislative Council Act 2010 (Act No.16 of 2010) to be unconstitutional. WP 25021/2010: Praying to issue a writ of Certiorarified Mandamus calling for the records relating to the impugned notification issued by the 3rd respondent in G.O.Ms.No.903 Public (Election-VII) Department dated 29.09.10 and quash the same and consequently direct the 3rd respondent to issue fresh notification for M L C Election for Teachers Constituencies by including Middle Schools also. WP 25469/2010: Praying to issue a writ of Declaration declaring the delimitation of Council Constituencies (Tamil Nadu) Order 2010 dt 30.9.2010 is null and void unconstitutional and ultra virus in Sub Section 4 of Section 3 of the Tamil Nadu Legislative Council Act 2010 and Section 13 of the representation of People Act 1950 and further direct the respondents to conduct election to the Tamilnadu Legislative Council after complying the procedure as contemplated in Sub Section 4 of Section 3 of the Tamilnadu legislative Council Act, 2010 and Section 13 of the representation of People Act, 1950. WP.No.25296/2010: Praying to issue a writ of declaration declaring that Section 3(3) and 4 (b) of “The Tamilnadu Legislative Council Act, 2010” and The Delimitation of Council Constituencies (Tamilnadu) Order 2010, G.O.Ms. No.902 Public (Elections VII) Department dated 29.9.2010 and G.O.Ms. No.903 Public (Elections VII) Department dt 29.9.2010 and paper publication dt 15.10.2010. WP.No.23617/2010: Praying to issue a writ of declaration Declaring the proceedings of the 2nd respondent dt.30.9.10 in seeking to act in contravention of the Representation of People Act, 1950 by appointing Electoral Officers, engage in preparation of electoral lists, fixing constituencies, etc., as null and void and against the provisions of Sec.13 of the Representation of People Act, 1950. W.P.NO.24142/2010 Praying to issue a 'Writ of Declaration' Declaring that Section 3(3) of the Tamil Nadu Legislative Council Act 2010 and "The Delimitation of Council Constituencies (Tamil Nadu) Order 2010" G.O.Ms.No.902 903 and paper publication in "The Hindu" dated 15.10.10 - Notice under Rule 31(4) of the Registration of Electors Rules 1960. https://hcservices.ecourts.gov.in/hcservices/ W.P.NO.24648/2010: Praying to issue a 'Writ of Declaration' declaring that the Delimitation of Council Constituencies (Tamilnadu) Order 2010 dt 30.9.2010 as null and void and ineffective without the approval of the Parliament in accordance with section 13 of the Representation of People Act, 1950. W.P.NO.22791/2010: praying to issue a 'Writ of Declaration' declaring the Presidential Order dated 30.09.2010 as null and void and ineffective without the prior approval of the Parliament and further direct the 1st respondent to act in accordance with the provisions of Sec 13 of the Representation of People Act, 1950. W.P.No.24796/2010: praying to issue a 'Writ of Declaration' declaring that the Clause 3(i) of the Notice issued under Rule 31 (4) of the Registration of Electors Rules 1960 vide Advt.published in Hindu Daily News Paper with a Ref.No.DIPR/1332/Display /10 dt.24.10.2010 by the 1st respondent and the schedule published by the 1st respondent vide G.O.Ms.No.903 Public (Elections-VII) dt.29.9.2010 are null and void and unconstitutional with regard to the petitioner concerned consequently direct the 1st respondent to amend the schedule suitably to include the Middle Schools located in State of Tamil Nadu by enabling the petitioner having Secondary Standard Qualification but employed in Middle School to become eligible voters in the Electoral Rolls of Tamil Nadu Legislative Council. W.P.No.12917 of 2010: Praying to issue a 'Writ of Declaration' declaring the Presidential Order dated 30.9.2010 as ineffective without the prior approval of the Parliament and further direct the 2nd Respondent not to act in derogation of the provisions of the Representation of People Act, 1950. For Petitioners: Mr.P.Madhavan for W.P.No.24612 of 2010 Mr.R.Muthukumarasamy Senior Counsel for Mr.A.Jenasenan for W.P.No.23144 of 2010 Mr.V.Raghavachari for W.P.No.22791 of 2010 Mr.S.Sithiraianandam for W.P.No.23617 of 2010 Mr.N.G.R.Prasad for Row & Reddy for W.P.Nos.24500 & 24501 of 2010 Mr.G.Devadoss for W.P.No.24648 of 2010 Mr.H.Lakshmi Shankar for W.P.(MD).No. 12917 of 2010 Mr.J.Saravana Vel for W.P.No.25296 of 2010 Mr.Su.Srinivasan for W.P.No.25469 of 2010 Mr.A.Navaneethakrishnan for W.P.24142/2010 https://hcservices.ecourts.gov.in/hcservices/ Mr.P.G.Thiyagu for W.P.No.24796 of 2010 Mr.S.Sivakumar for W.P.No.25021 of 2010 For Respondents: Mr.M.Ravindran Addl Solicitor General of India assisted by Mr.J.Ravindran ASGI for W.P.Nos.25296, 25469 of 2010 Mr.K.Ravichandra Baabu SCGS for RR1 &4 in W.P.Nos.24612, 23144, 23617, 24500, 24501, 24648 & 24142/2010 Mr.G.Rajagopalan Senior counsel for G.R.Associates RR2-3 for W.P.Nos. 24612, 23144, 25021, 24500, 24501, 25469 , 25296, 23617 , 24142, 24648 , 22791, 24796 of 2010 for RR2&3 Mr.P.S.Raman Advocate General for Mr.J.Raja kalifullah Govt. Pleader assisted by Mrs.M.Sneha for RR3-5 Mr.P.Mahaadevan SCCG for R1 for W.P.No.22791 of 2010 Mr.K.K.Senthilvelan Asst. SG. for W.P.(MD).No.12917 of 2010 for RR2-3 COMMON ORDER THE HON'BLE THE CHIEF JUSTICE & T.S.SIVAGNANAM, J. As common questions of law and fact arise for consideration in this batch of 13 writ petitions, they were heard together and are disposed of by this common order. 2. The matter concerns creation of a Legislative Council in the State of Tamil Nadu. The Legislative Assembly of Tamil Nadu passed a resolution for creation of a Legislative Council on 12.04.2010 and the said resolution was passed by 2/3rd majority as required under Article 169 (1) of the Constitution of India. The Council of States on 05.05.2010 passed the Tamil Nadu Legislative Bill, 2010, which was passed by the Lok-Sabha and got the Presidential Assent on 18.05.2010. Thereafter, it was published in the Gazette on the same day on 18.05.2010 and republished by the order of Governor of Tamil Nadu on 20.05.2010. Earlier a writ petition was filed in the nature of a public interest litigation in W.P.No.24613 of 2010 wherein the petitioner sought for https://hcservices.ecourts.gov.in/hcservices/ issuance of writ of declaration for declaring the provisions of the Tamil Nadu Legislative Council Act, 2010 as unconstitutional and void ab-initio. This Bench by its order dated 09.10.2010, dismissed the writ petition as devoid of merits. The operative portion of the order is as under:- "13. The Constitution Bench of the Supreme Court, while deciding the question as to the validity of the 24th, 25th and 29th amendments to the Constitution in Kesavananda Bharati –Vs - State of Kerala, (1973) 4 SCC 225, discussed different Articles, including Article 169 of the Constitution of India. Their Lordships observed as under :- “62. In the Constitution the word “amendment” or “amend” has been used in various places to mean different things. In some articles, the word “amendment” in the context has a wide meaning and in another context it has a narrow meaning. In Article 107, which deals with legislative procedure, clause (2) provides that “subject to the provisions of Articles 108 and 109, a Bill shall not be deemed to have been passed by the House of Parliament unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses”. It is quite clear that the word “amendment” in this article has a narrow meaning. Similarly, in Article 111 of the Constitution, whereby the President is enabled to send a message requesting the Houses to consider the desirability of introducing amendments, the word “amendments” has a narrow meaning. 63. The opening of Article 4 (1) reads: “4. (1) Any law referred to in Article 2 or Article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law….” Here the word “amendment” has a narrower meaning. “Law” under Articles 3 and 4 must “conform to the democratic pattern envisaged by the Constitution; and the power which the Parliament may exercise … is not the power to override the constitutional scheme. No state can, therefore, be formed, admitted or set up by law under Article 4 by the Parliament which has no effective legislative, executive and judicial organs”. . (Per Shah, J. — https://hcservices.ecourts.gov.in/hcservices/ Mangal Singh v. Union of India). (Emphasis supplied). 64. Article 169(2) reads: “Any law referred to in clause (1) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary.” Here also the word “amendment” has a narrow meaning.” Further their Lordships observed as under: - (para 64 page 317) 64. Any law referred to in clause (1) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary” 14. In the instant Act, as noticed above, Sections 4 & 5 of the Act make provisions for necessary amendment/insertion of the word “Tamil Nadu” and the words “Legislative Council of the State of Tamil Nadu” in the parent statute as required under Article 169(2) of the Constitution of India. Since the word “amendment/insertion” has a narrow meaning, the Act cannot be declared ultra vires or unconstitutional in the absence of corresponding amendments to be carried out in the Parent Statutes, namely, the Representation of People Act, 1950 and the Representation of People Act, 1951. The grounds taken by the petitioner in the writ petition are absolutely unfounded and they have no substance. 15. In the light of the facts of the case, and the law discussed herein above, and after giving our deep consideration in the matter, we do not find any merit in the writ petition, which is accordingly dismissed. No costs. " 3. It appears that the aforementioned Judgment has become final. In this batch of writ petitions, the challenge is to the Presidential Notification dated 30.09.2010, called the Delimitation of Council Constituencies (Tamil Nadu) Order 2010 (hereinafter referred to as the 'Delimitation Order ') and varied https://hcservices.ecourts.gov.in/hcservices/ prayers have been made in all these writ petitions. The sum and substance of the prayers is that the Delimitation Order is in contravention of the Representation of the Peoples Act 1950 (hereinafter referred to as the 'RP Act 1950'); that the same is ineffective without prior approval of the Parliament and therefore, liable to be struck down as unconstitutional, null and void. In one of the writ petition, prayer has been made to amend the Delimitation Notification to include middle schools located in the State of Tamil Nadu so as to enable the Secondary Grade Teacher working in middle school to become eligible to vote. 4. Before we venture into the grounds on which the petitioners have challenged the Delimitation order , it would be necessary to have a brief background of the law and facts:- 5. Part VI of the Constitution of India deals with The States and Chapter III of Part VI deals with The State Legislature. In terms of Article 168 (1) of the Constitution, falling under Chapter III for every State there shall be a Legislature which shall consist of the Governor and clause (a) of Article 168 (1) provides for two Houses in certain States and in respect of other States, there shall be one House in terms of clause (b) of Article 168 (1). In terms of Article 168(2) where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as Legislative Assembly. The State of Tamil Nadu, when it was the erstwhile the State of Madras had two Houses, however, the same came to be abolished w.e.f.01.11.1986, pursuant to the Tamil Nadu Legislative Council (Abolition Act) 1986, (Central Act 4, 1986). 6. During 1996, the Tamil Nadu Legislative Assembly passed a Resolution in accordance with Article 169 (1), which inter alia provides for abolition or creation of Legislative Councils in States, for creation of Legislative Council in the State of Tamil Nadu, this Bill was placed before the Lok-Sabha on 14.08.1997, but the same lapsed on the dissolution of the Eleventh Lok-Sabha and the Tamil Nadu Legislative Assembly subsequently passed another Resolution on 12.09.2001, rescinding its earlier Resolution passed during 1996. 7. Pursuant to the resolution of the Legislative Assembly of Tamil Nadu on 12.04.2010 a resolution was passed by 2/3rd majority for creation of Legislative Council in the State and received the Presidential Assent and termed as the Tamil Nadu Legislative Council Act, 2010,(hereinafter referred to as the 'Act 16 of 2010). At this stage, it would be necessary to look into the provisions of Act 16 of 2010 and for better appreciation, the same https://hcservices.ecourts.gov.in/hcservices/ is reproduced herein below:- MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 18th May, 2010/Vaisakha 28, 1932 (Saka) The following Act of Parliament received the assent of the President on the 18th May, 2010, and is hereby published for general information:— THE TAMIL NADU LEGISLATIVE COUNCIL ACT, 2010 No. 16 OF 2010. An Act to provide for the creation of Legislative Council for the State of Tamil Nadu and for matters supplemental, incidental and consequential thereto. BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:— 1. This Act may be called the Tamil Nadu Legislative Council Act, 2010. 2. In this Act, unless the context otherwise requires, each of the words and expressions used herein and not defined but defined in the Representation of the People Act, 1950, shall have the same meaning as in that Act. 3. (1) As from such date as the President may, by order appoint, there shall be a Legislative Council for the State of Tamil Nadu; and as from that date, in sub-clause (a) of clause (1) of article 168, after the word “Karnataka,”, the words “Tamil Nadu”, shall be inserted. (2) In the said Council, there shall be 78 seats of which— (a) the numbers to be filled by persons elected by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of article 171 shall be 26, 7 and 7 respectively; https://hcservices.ecourts.gov.in/hcservices/ (b) the number to be filled by persons elected by the members of the Legislative Assembly of Tamil Nadu in accordance with the provisions of sub-clause (d) of the said clause shall be 26; and (c) the number to be filled by persons nominated by the Governor of Tamil Nadu in accordance with the provisions of sub-clause (e) of that clause shall be 12. (3) As soon as may be after the commencement of this Act, the President, after consultation with the Election Commission, shall, by order, determine,— (a) the constituencies into which the State of Tamil Nadu Shall be divided for the purpose of elections to the said Council under each of the sub-clauses (a), (b) and (c) of clause (3) of article 171; (b) the extent of each constituency; and (c) the number of seats to be allotted to each constituency. (4) As soon as may be after such determination, steps shall be taken to constitute the said Council in accordance with the provisions of this Act, the Representation of the People Act, 1950 and the Representation of the People Act, 1951. 4. In the Representation of People Act, 1950,— (a) in the Third Schedule, after entry No. 6 relating to Karnataka, the following entry shall be inserted, namely:— “7. Tamil Nadu 78 26 7 7 26 12” ; (b) in the Fourth Schedule, after the heading “Karnataka” and the entries thereunder, the following heading and entries shall be inserted, namely:— “TAMIL NADU https://hcservices.ecourts.gov.in/hcservices/ 1. Municipalities, as referred to in article 243Q of the Constitution. 2. Panchayat Union Councils. 3. Cantonment Boards. 4. District Panchayats referred to in the Tamil Nadu Panchayat Act, 1994.”. 5. In section 15A of the Representation of the People Act, 1951, after the words and figures “under the Andhra Pradesh Legislative Council Act, 2005”, the words and figures “and constituting the Legislative Council of the State of Tamil Nadu under the Tamil Nadu Legislative Council Act, 2010” shall be inserted. V.K. BHASIN, Secretary to the Government of India. (Republished by Order of the Governor) R. KATHIRVEL, Joint Secretary to Government, Law Department. 8. The Act 16 of 2010 was enacted to provide for creation of Legislative Council for the State of Tamil Nadu and for matters supplemental, incidental and consequential thereto. In terms of Section 2, unless the context otherwise requires, each of the words and expression used in Act 16 of 2010 and not defined, shall have the same meaning as in the RP Act, 1950. As per Section 3 (1), the creation of the Legislative Council shall be as from such date as the President may by order appoint and as from that date in Article 168(1)(a) of the Constitution, the words "Tamil Nadu" shall be inserted after the word "Karnataka". Section 3(2) deals with number of seats and the manner to be filled up. Section 3(3) states that as soon as after the commencement of Act 16 of 2010, the President after consultation with the Election Commission determine the constituencies into which the State of Tamil Nadu shall be divided for the purposes of elections to the Council under each of the sub-clause (a) to (c) of Article 171 (3) of the https://hcservices.ecourts.gov.in/hcservices/ Constitution, the extent of each Constituency and the number of seats to be allotted to each constituency. Section 3(4) states that as soon as such determination is done in terms of Section 3 (3) steps shall be taken to constitute the Council in accordance with the provisions of Act 16 of 2010, RP Act, 1950 and the RP Act, 1951. In terms of Section 4, an amendment of the Third Schedule and Fourth Schedule of RP Act, 1950 has been made by inserting the entry Tamil Nadu and inserting the four headings, namely Municipalities, Panchayat Union Councils, Cantonment Boards and District Panchayats. Similarly, in terms of Section 5, amendments have been made in Section 15(A) of RP Act, 1951 by inserting the words, and figures "and constituting the Legislative council of the Stae of Tamil Nadu under The Tamil Nadu Legislative Council Act, 2010." 9. Pursuant to Section 3(3) of Act 16 of 2010, the President passed the Delimitation order dated 30.09.2010, in and by which, the constituencies into which the State of Tamil Nadu was divided for the purpose of election to the Legislative Council and the number of seats so allotted. 10. The challenge to the Delimitation Notification is on the following ground:- (i) The notification cannot be acted upon without compliance of the provisions of Section 13 of the RP Act 1950. (ii) The RP Act, 1950, is a law passed by Parliament and under Section 2(c), the "Council Constituency" means a constituency provided by law for the purpose of election for the Legislative Council and the allocation of seats in State Legislative Council is indicated in Schedule III of RP Act, 1950 and it shall be in accordance with Article 171 (3) of the Constitution. In terms of the language employed by the Parliament, while creating the Legislative Council for the State directed, steps shall be taken to constitute a Council in accordance with the provision of the RP Act 1950 and the same has not be excluded. (iii) Reading of Section 4(4) of the Act 16 of 2010, extends the operation of Section 13 of the RP Act 1950, making it mandatory on the part of the President to place it before the Parliament and the Presidential order has no legal force or authority. (iv) Based on the Presidential order, the Election Commission cannot act for the purpose of fixing the constituencies. The bar under Article 329 of Constitution would not apply to the instant https://hcservices.ecourts.gov.in/hcservices/ case as it can be made applicable to Delimitation of Constituencies created in pursuance of a Parliamentary Laws and the language of Article 327 is explicit and only Parliamentary Laws that should be governed by preparation of electoral rolls, delimitation of constituencies and not unpublished and un-gazetted Presidential order. (v)The village panchayats which is the core of the local bodies in the State have been omitted to be the electorate. That the Panchayat Union Council in Section 4(b) of Act 16 of 2010 does not substitute or take into account the village panchayat for the reason that the Panchayat Union Council under Panchayat Act, 2 of 1994 is a different composition at the intermediary level. Therefore, Section 4 of Act 16 of 2010 is