GOSWAMI, J.:- This Rule was ob­tained by the three petitioners for quash­ing the proceedings of the meeting of the members of the Badarpur Anchalik Panchayat held on 2-12-68 for co-option of one Scheduled Caste member and two women members in that Panchayat, under Section 17 (2) (i) and 17(2) (ii), respec­tively, of the Assam Panchayat Act, 1959 (Assam.Act XXIV of 1959) as amended, hereinafter called 'the Act'. 2. The petitioners are the defeated candidates in the said election wherein Respondents 24, 25 and 26 were co-opted at the meeting mentioned above. The meeting was convened by the Magistrate prior to nomination of a member of the unrepresented tea area, which admitted­ly exists within the area of the Anchalik Panchayat Objection was raised in the meeting on that score, but the President of the meeting (Respondent No. 3) over­ruled the same and election took place for co-opting the three members with the result as above stated. 3. Mr. Gupta, the learned counsel for the petitioners, rests his case chiefly on the main contention that the election of the co-opted members is vitiated on ac­count of the fact that the Anchalik Pan­chayat had not been properly constituted without nomination of a member from the unrepresented tea area. The learned counsel for the State followed by the learned counsel for Respondent No. 15 on the other hand, submits that co-option could take place even without the nomi­nation of the members representing un­represented areaa 4. In order to appreciate the point of controversy between the parties, it will be useful to refer to some material provi­sions in the Act The preamble of the Act reads: "Whereas it is expedient to amend and consolidate the laws relating to Local Self-Government In the rural areas of the State of Assam with a view to establishing Panchayats and investing them with such powers and authority as may be necessary to enable them to function as units of Self-Government; ........." The Act is an attempt to bring the rural areas of the State under a scheme of Local Self-Government by establishing Panchayats with powers at various levels. Chapter II provides for establishment and constitution of Gaon Sabha, Gaon Pan­chayat, Anchalik Panchayat and Moh-kuma Parishad. Under Section 3(1), the State Government may, by notification,, declare any area to be a Gaon Sabha area for the purpose of this Act. Chapter II provides for establishment and constitution of Gaon Sabha, Gaon Pan­chayat, Anchalik Panchayat and Moh-kuma Parishad. Under Section 3(1), the State Government may, by notification,, declare any area to be a Gaon Sabha area for the purpose of this Act. Under Section 4(1), the State Government shall, by notification, establish a Mohkuma Parishad in each sub-division and where there is no sub-division, in each district. Under Section 5(1), in each area declared as Mohkuma Parishad under Section 4, there may be as many Anchalik Pancha­yats as may be deemed necessary by the State Government. Under Section 7, all persons whose names are included in the list of voters in the electoral roll of the Assam Legislative Assembly, shall be deemed to constitute a Gaon Sabha for the area on publication of a notification under Section 3. Under Section 9, Gaon Sabhas are to meet at least twice a year. Under Section 11, every'Gaon Sabha shall have an Executive Committee called the Gaon Panchavat consisting of nine mem­bers to be elected in the manner prescrib­ed. There is no provision for any nomi­nation here. There is, however, provi­sion, for co-option, where necessary, of two women members and one member each from Scheduled Caste and Scheduled Tribe. Section 17 may be quoted i "17. There is no provision for any nomi­nation here. There is, however, provi­sion, for co-option, where necessary, of two women members and one member each from Scheduled Caste and Scheduled Tribe. Section 17 may be quoted i "17. (1) The Anchalik Panchayat as established under Section 5 shall consist of - (1) all Presidents of the Gaon Pancha­yats falling within the jurisdiction of the Anchalik Panchayat; (ii) one-third of total number of mem­bers under the preceding clause subject to a minimum of three to be elected in the prescribed manner from amongst the members of Gaon Sabhas by an electoral college consisting of all members of the Gaon Panchayats falling within the juris-diction of the Anchalik Panchayat; Provided that when one-third Is a frac­tion which is half or more than half of a whole number, then the number shall be rounded to the next higher number and if less shall be ignored,- Provided further that If a member of the Gaon Panchayat is elected as a mem­ber, of the Anchalik Panchayat he shall Immediately cease to be a member of the Gaon Panchayat; (iii) one representative to be elected, In the manner prescribed, by the Chair­man of Co-operative Societies falling within the area of the Anchalik Pancha­yat from amongst themselves; * * * * (Iv) Such number of member or mem­bers, as may be nominated by the State Government, from the unrepresented areas like tea-gardens and forest villages and Gram Sabha constituted under the Assam Gram Dan Act (Assam Act I of 1962) falling within the jurisdiction of the Ahchalik Panchayat. (2) (i) Wherever five per cent or more of the members of the Gaon Sabhas com­prising the Anchalik Panchayat are Sche­duled Castes or Scheduled Tribes, as the case may be, then in case no member belonging to the Scheduled Castes or Scheduled Tribes, as the case may be, is elected to the Anchalik Panchayat the members of the Anchalik Panchayat shall co-opt one member belonging to theScheduled Castes or Scheduled Tribes, as the case may be: Provided that this representation shall continue only as long as special repre­sentation for the Scheduled Castes or Scheduled Tribes continues to be provid­ed for in the Constitution of India. (ii) The Anchalik Panchayat shall, from within the area of its jurisdiction, co-opt two women members if no woman is elected, and one woman member if only one is elected. (ii) The Anchalik Panchayat shall, from within the area of its jurisdiction, co-opt two women members if no woman is elected, and one woman member if only one is elected. * * * * Section 18, as it stands now, runs as fol­lows : "The Deputy Commissioner or the Subdivisional Officer, as the case may be, shall call a meeting of the Anchalik Pan­chayat (which meeting shall be called the first meeting of the Anchalik Pancha­yat) for the election of a President and Vice-President from amongst its members in the manner prescribed. * * * Under Section 22(1), the Mohkuma Pari-shad as established under Section 4 shall consist of several categories of persons mentioned therein including ex officio members. There is provision under this section for -the Mohkuma Parishad to co-opt members belonging to the Scheduled Castes or Scheduled Tribes and two wo­men members, where necessary. Sec­tion 31 provides that certain irregularities do not vitiate any act of a Gaon Pancha­yat or Anchalik Panchayat or Mohkuma Parishad etc. Section 35 is an incorpora­tion clause of a Gaon or Anchalik Panchayat. It may be noted that the nomi­nation clause in Section 17 (1) (iv) was for the first time introduced by the Amendment Act VII of 1964. 5. The entire question turns on the construction of Section 17. The Act in­troduces a three-tier system of Local Self-Government. The effective body at the base is the Gaon Panchayat, which is the executive committee, elected by a method of direct election by the members of the Gaon Sabha. The President of the Gaon Panchayat is also the President of the Gaon Sabha. Next in the hierarchy is the Anchalik Panchayat, a body consti­tuted by a certain member or members elected by a method of indirect election, and -other members by nomination under certain conditions as also by co-option under a given situation. It has also some ex officio members with no rights to vote. At the apex is the Mohkuma Parishad which consists of members mostly by their position and office and if and when Section 22, as amended by Act V of 1967, will be wholly brought into force, will have also an elective element. The 1967 amendment has made the Mohkuma Pari­shad most powerful of the three consti­tuted bodies. The above discloses the structure of the three-tier Panchayati Raj. The 1967 amendment has made the Mohkuma Pari­shad most powerful of the three consti­tuted bodies. The above discloses the structure of the three-tier Panchayati Raj. As the preamble shows, the whole object is one for introducing Local Self Government in rural areas. The electo­rate at the base is the Gaon Sabha which is constituted of all the voters in the electoral roll of the Assam Legislative Assembly for such part of the constitu­ency as is included in the Gaon Sabha area notified by the Government. The scheme is as .follows. The entire Gaon Sabha is sought to be represented by its elected executive committee, namely, the Gaon Panchayat which has power to coopt one or two women members and also one Scheduled Caste or Scheduled Tribe member under certain given situation. There is, however, no provision for nomi­nation in a Gaon Panchayat. The entire focus seems to be on the people inhabit­ing in the Gaon Sabha area. The Anchalik Panchayat constituted under Section 17, on the other hand, is designed to-repre­sent all areas besides all strata of the population residing in those areas. There is emphasis both on the population as well as on the territorial aspect so far as representation in the Anchalik Pancha­yat is concerned. Mere representation of the people would not be enough. Each determinate part of the Anchalik Pan­chayat has to be represented. If in the course of the'election any areas like tea-gardens and forest villages are completely unrepresented in the Anchalik Panchayat, Government comes to the aid of the un­represented areas by nominating mem­bers therefrom. The Anchalik Panchayat constitutes itself when the body is filled in with all the constituent members enu­merated under Section 17(1) (i) to (iii) and under (iy) where necessary. Even this constitution may not make for the full complement if, where a specified percentage of the members of the Gaon Sabhas comprising the Anchalik Pancha­yat are Scheduled Castes or Scheduled Tribes and the Gaon Panchayat has fail­ed to elect even one member out of them. In--such a situation the members of the Anchalik Panchayat co-opt the requisite member or members. Similarly-, the An­chalik Panchayat has to co-opt two wo­men members if there be none elected or one only when one has been elected. In--such a situation the members of the Anchalik Panchayat co-opt the requisite member or members. Similarly-, the An­chalik Panchayat has to co-opt two wo­men members if there be none elected or one only when one has been elected. It is only after that the Anchalik Pan­chayat can be said to be fully constituted under the law so that its first meeting may be called under Section 18. As seen above, the Anchalik Panchayat is requir­ed not only to reflect the people as such but also no area, could be left out unrepresented. On this aspect of representa­tion of unrepresented area. Government nomination achieves what popular election may on occasions fall short of. Co-option, on the other hand, refers to representation of unrepresented people in the body. The co-opting body must be otherwise complete but for the co-option. In other words, the entire body at the stage of co-option must represent territorially all areas of the Anchalik Panchayat and no territorial area could remain unrepre­sented. After completion of the elec­tion under Section 17(1) (ii), Government is under a legal obligation under Sec­tion 17(1) (iv) to nominate members from the unrepresented areas and when this duty has been performed the stage, is set for taking steps for co-option under Sec­tion 17(2) (i) and (ii). When the entire area of the Anchalik Panchayat is thus territorially represented that body -will elect a member from the Scheduled Caste or Scheduled Tribe and one or two wo­men, as the case may be, when such a contingency arises. That will finally complete constitution of the Anchalik Panchayat and the Deputy Commissioner or the Subdivisional Officer will then be able to take' steps for calling the first meeting of the Anchalik Panchayat under Section 18. 6. The short question that now arises for consideration is whether prior to the Government nomination of members from the unrepresented area in this case, the Anchalik Panchayat was competent to co-opt the requisite members. Co-option is election of members to a body to com­plete it. The word 'co-opt' -as given in the Webster's Dictionary, means (latin co-optare) to choose, to elect to a board, committee etc., by vote of those already members. The body that co-opts must be otherwise complete except for the co-opt­ed members. Any other deficiency in the body will not in law authorise that body to co-opt. The word 'co-opt' -as given in the Webster's Dictionary, means (latin co-optare) to choose, to elect to a board, committee etc., by vote of those already members. The body that co-opts must be otherwise complete except for the co-opt­ed members. Any other deficiency in the body will not in law authorise that body to co-opt. It will even go against the principle of democracy that pervades in the entire scheme of the local self-gov­ernment envisaged in the Act. Sec­tion 17 clearly postulates constitution of the Anchalik Panchayat by complying with, all the provisions of Section 17(1) (i) to (iv) before the step is taken for co-option under Section 17(2) (i) and (ii). The purpose and object of the Act and the entire scheme of the provisions to­gether with the setting of Section-17 (l)(iv) and 17 (2) (i) and (ii) in the Act reinforce /the aforesaid conclusion. To leave out some members from the body of the Anchalik Panchayat while co-opting other members to that body would be to de­prive a valuable right to other eligible persons in certain unrepresented areas within the Anchalik Panchayat . where they exist This will run counter to the very object of the Act as envisaged in the preamble, for achievement of which this law has been passed. This will in­troduce an abhorrent undemocratic ele­ment into the entire scheme of rural self-government brought into being under the provisions of that Act. Although con­venience is not a test, this interpretation chimes in with convenience as co-option for both women and the Scheduled Castes and Scheduled Tribes could be held' to­gether prior to the first meeting contem­plated under the Act. The learned Senior Government Advocate submits that the words "the members of the An­chalik Panchayat shall co-opt" appearing in Section 17(2) (i) have to be contrasted with those in Section 17(2)(ii), viz., "the Anchalik Panchayat ..... shall co-opt".According to him the 'members' referred to in clause (i) of sub-section (2) must mean only elected members and have no reference to the members ~ enumerated under Section 17(1) (iv). We are not impressed by the argument. On the terms of Section 17(2) (i), there is no warrant for introducing a limitation in the langu­age of that sub-section by inserting the word "elected" before "members of the Anchalik Panchayat". We are of opinion that these words are equated with the "Anchalik Panchayat" appearing in Sec­tion 17(2) (ii). We are not impressed by the argument. On the terms of Section 17(2) (i), there is no warrant for introducing a limitation in the langu­age of that sub-section by inserting the word "elected" before "members of the Anchalik Panchayat". We are of opinion that these words are equated with the "Anchalik Panchayat" appearing in Sec­tion 17(2) (ii). In our judgment, there is not even a case for interpretation as the words are absolutely clear. A verb-is legis non est recedendum. From the words of the law there should not be any departure. Even if there be scope for interpretation, that which we have given above is in accord with the object and purpose of the Act in the context of the entire legislation. 7. It may be observed that the vires of Rule 55 as amended, which provides for the procedure in convening and con­ducting a meeting of the Anchalik Pan­chayat for cooption, is not challenged before us. We, however, do not find any difficulty in arriving at the conclusion which we have reached even without reference to Rule 55. Assuming, how­ever, the said Rule to be valid, it provides that a meeting of the Anchalik Panchayat has to be convened and each member of the Anchalik Panchayat has to be served with a written notice. This meeting con­templated under Rule 55 at this stage Is for the ad hoc purpose of co-option to complete the body and is, therefore, pre­sided over by an officer authorised by the Magistrate who is not entitled to vote and it stands to reason as he is not a member of the Anchalik Panchayat. The entire matter even at this stage is left to the members of the Anchalik Panchayat. The members prior to co-opting have to make oath and affirmation under Sec­tion 158. There is no question of quorum in this meeting. We, however, do not fail to notice that Rule 55 although refers to Section 17 in sub-rule (1) mentions Section 17(1) (ii) in sub-rule (3). Sec­tions 17(2) (i) and (ii) are perhaps the appropriate provisions in place of Sec­tion 17(1) (ii) in sub-rule (3). 8. In the result, we hold that the! We, however, do not fail to notice that Rule 55 although refers to Section 17 in sub-rule (1) mentions Section 17(1) (ii) in sub-rule (3). Sec­tions 17(2) (i) and (ii) are perhaps the appropriate provisions in place of Sec­tion 17(1) (ii) in sub-rule (3). 8. In the result, we hold that the! meeting of the Anchalik Panchayat held on'2-12-68 for co-option of the three members is incompetent and unauthorised under the law on account of the Govern­ment's failure at the material time to nominate a member of the unrepresented area under Section 17(1) (iv). The pro­ceedings of the' said meeting co-opting respondents Nos." 24, 25 and 26 are here­by quashed in exercise of our powers under Article 226 of the Constitution of India. Writ shall issue accordingly. The petition is accordingly allowed, but there will be no order as to costs. 9. M. C. PATHAK. J.: I agree. Petition allowed.