INTRODUCTION


This Act received the Governor’s assent on the 30th July, 1980; and the assent was first published in the Maharashtra Government Gazette on the 2nd August, 1980.



An Act to provide for temporary further postponement of elections to village panchayats due to elections to the Maharashtra Legislative Assembly.

WHEREAS, the Maharashtra Village Panchayats (Temporary Postponement of Elections due to elections to Lok Sabha) Act. 1980 (hereinafter referred to as “the Postponement of Elections Act”) was enacted by the Legislature of the State of Maharashtra to provide for temporary postponement of elections to village panehavats constituted under the Bombay Village Panchayats Act, 1958, due to the elections to the Lok Sabha, which were then to be held

AND WHEREAS, by virtue of section 3 of the Postponement of Elections Act, general elections and by-elections to the said panchayats stood postponed till the 31st March, 1980

AND WHEREAS, the President, by Proclaim published with the notification of the Government of India in the Ministry of Home Affairs, No. G. S. R. 46(E) in the Gazette of India, Extraordinary, dated the 17th February, 1980, inter alia dissolved the Legislative Assembly of the State of Maharashtra;

And WHEREAS, directions had been issued by the Election Commission for sp revision of electoral rolls of the Maharashtra Legislative Assembly for the purpose of conducting elections to the Maharashtra Legislative Assembly, with reference to the qualifying date as the 1st January, 1980;

AND WHEREAS, it was desirable that elections to the village panchayats should be conducted on the basis of the electoral rolls of the Maharashtra Legislative Assembly revised in accordance with the directions issued by the Election Commission and for that purpose further to postpone elections to the said panchayats;

AND WHEREAS, it was considered necessary to further postpone the elections to the said panchayats also for the reasons that Collectors and their staff and other officers, who were necessary for holding elections to the said panchayats, were required to direct all efforts towards revision of electoral rolls of the Maharashtra Legislative Assembly and for holding elections to that Assembly;

AND WHEREAS, under sub-section (2) of section 10 of the Bombay Village

Panchayats Act, 1958, seats were required to be reserved for members of the Scheduled Castes and Scheduled Tribes having regard to their population in the village



1. For Statement of Objects and Reasons, see Maharashtra Government Gazette,- 1980, Part V. p. 113.



AND WHEREAS, the question of including persons belonging to certain communities in the categories of Scheduled Castes and Scheduled Tribes was to be considered and for that reason also it was necessary further to postpone elections to the said panchayats;

AND WHEREAS, the President had, by the said Proclamation dated the 17th February, 1980, assumed to himself all the functions of the Government of the State of Maharashtra and all the powers vested in, or exercisable by, the Governor of that State

AND WHEREAS, by Order published with the notification of the Government of India in the Ministry of Home Affairs, No. G. S. R. 47(E) in the Gazette of India, Extraordinary, of the same date, the president had further directed that all the functions of the Government of the State of Maharashtra and all the powers vested in, or exercisable by, the Governor of that State under the Constitution, which had been assumed by him by the said Proclamation, should subject to the superintendence, directions and control of the President, be exercisable also by the Governor of the said State

AND WHEREAS, the power to promulgate Ordinances is vested in the

Governor under article 213 of the Constitution to be exercisable by him while the

Legislature of the State is not in session

AND WHEREAS, under sub-clause (iv) of clause (c) of the said Proclamation, references in article 213 of the Constitution to the Governor and to the Legislature of the State or the Houses thereof were to be construed as references to the President and to Parliament or to the Houses thereof, respectively;

AND WHEREAS, both Houses of Parliament were not in session and the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action for further postponement of elections to the said panchayats; and therefore, the Governor of Maharashtra in exercise of the powers conferred upon him by clause (1) of Article 213 of the Constitution read with Order No. G. S. R. 47 (E) aforesaid, promulgated the Maharashtra Village Panchayats (Temporary further Postponement of Elections due to elections to Maharashtra Legislative Assembly) Ordinance, 1980 on the 31st March, 1980;

AND WHEREAS, it is expedient to replace the said Ordinance by an Act of the State Legislature; It is hereby enacted in the Thirty-first Year of the Republic of India as follows:-

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