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Judgment
Umesh Chandra Banerjee, C.J.—This writ appeal is directed against the rejection of the writ petition by the learned single Judge wherein the learned single Judge was pleased to record his disinclination to exercise extraordinary jurisdiction under Article 226 of the Constitution.
The contextual facts depict that an attempt to trifurcation of Komarole Gram Panchayat was set at naught by a learned single Judge of this Court and both the orders of the District Collector as well as that of the Government approving such trifurcation were set aside. Subsequent thereto, however, the District Collector on 12-12-1997 recorded as follows:
"Since the trifurcation of Komarole Gram Panchayat was quashed by the Hon''ble High Court in its order dated 2-12-1997, the status quo as on 18-11-1994 has to be maintained and the appointment of person-in-charges to the newly constituted panchayats have become void.
Hence the Extension Officer (PTs) Giddalur who was appointed earlier as Special Officer in Roc No.2081/95 dated 28-10-1995 is instructed to takeover charge of the office of the Gram Panchayat, Komarole from the former person-in-charges and report compliance."
Subsequently, however, the matter went up before the appellate Court and the appellate Court on 17th December, 1997 observed:
"We are of the opinion that in view of the long lapse of time and the events that have been taken place, it is not desirable that the notification issued by the District Collector should be nullified at this juncture, more especially when the matter stands remitted to the Government to consider the objections of the Gram Panchayats concerned and to pass a reasoned order. It would be in the fitness of things to quash the order of the Government issued in G.O.Rt.No.1086, dated 18-8-1997 and leave it open to the Government to decide the matter afresh keeping in view the observations made in the judgment under appeal. Accordingly, we modify the order of the learned single Judge insofar as quashing the proceedings of the District Collector dated 19-11-1994 are concerned. Pending disposal of the revision by the State Government, status quo as on 2-12-1997 shall be maintained.''''
The learned single Judge also upon reliance on the appellate Court''s order recorded that there is no prohibition or bar in the matter of holding elections and the direction to maintain status quo as on 2-12-1997 according to the learned single Judge does not create any legal impediment for the holding of elections. We do also record our concurrence with the views expressed by the learned single Judge.
In that view of the matter, this writ appeal stands disposed of with a direction that the elections as scheduled shall take place without prejudice to the rights and contentions of the parties subject, however, to the decision in the revisional application before the State Government in terms of the provisions of law. The State Government is also directed to dispose of the revision application within a period of six weeks from the date hereof. Be it placed on record that while dealing with the revisional application, due regard be had to the orders already passed by this Court in W.A.No.1422 of 1997 arising out of W.P.No.24087 of 1997 as also the order passed in W.P.No.13328 of 1998. It is further made clear that the effect of holding elections for three separate Gram Panchayats should not be taken into consideration at the time of disposal of the revisional application.
No order as to costs.