ORDER R.A. Sharma, J.
1. Petitioner has challenged the validity of U.P. Panchayat Raj (Amendment) Act, 1994 (U.P. Act No. 9 of 1994) on the ground that it violates second proviso to Article 200 of the Constitution of India, in as much as, its bill was not reserved for consideration of the President.
2. Under second proviso to Article 200 the Governor is required to reserve the bill for consideration of the President, if in his opinion it would, if it becomes law, "so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill". There is no provision in the U.P. Act which affects the power of this Court. It is not the Act but Article 243-O of the Constitution which bars the jurisidiction of the Court in the electoral matters. Article 243-O is as under:--
"243-O. Bar to interference by Court in electoral matters -- Notwithstanding anything in this Constitution -
(a) the validity of any law relating to the delimitation of constituencies or the allotment of scats to such constituencies, made or purporting to be made under Article 243-K, shall not be called in, question in any Court;
(b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and such manner as is provided for by or under any law made by the Legislature of a State."
Second proviso to Article 200 of the Constitution can be attracted only when the bill, if it becomes law, affects power of the High Court so as to endanger the position which this Court is by this Constitution designed to fill. But that is not the position in the instant case. If powers of the Courts are affected not by the provisions of the Act but by the constitutional provisions, second proviso is not attracted.
3. For the reasons given above, this writ petition lacks merit and is accordingly dismissed.
4. Petition dismissed.