BHAGWAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In these writ applications, the vires of Rule 122, as amended by notification dated 28-2-2002, has been challenged primarily on the ground that the same is ultra vires Art. 243-O of the Constitution of India and Sections 140 and 143 of the Bihar Panchayat Raj Act, 1993 (hereinafter referred to as 'the Act'). They have also challenged the orders passed by the State Election Commission in exercise of the said power disqualifying the office bearers of the Panchayat as well as the orders by which the State Election Commission has rejected the prayer in some cases to disqualify the candidates on merit. In some cases, the elected members have incurred disqualification after election and the State Election Commission has also passed orders declaring them disqualified under the aforesaid Rule, read with Section 139(2) of the Act.

(2.) To appreciate the point, it is first necessary to refer to the relevant provisions of the Constitution and the Act at the very beginning. Part IX dealing with the Panchayat was inserted in the Constitution of India by the Constitution (Seventy-third Amendment) Act, 1992. Part IX is a complete chapter dealing with the Panchayats starting from its definitions, constitution, compositions, reservation of seats, duration, disqualification, finance and other ancillary provisions. Article 243-B of the Constitution defines Panchayat, according to which there shall be constituted in every State, Panchayat at the village, intermediate and district levels in accordance with the provisions of this Part. Article 243-K of the Constitution contains a provision with regard to election of the Panchayats, which runs as follows :-

(3.) Article 243-O provides that no election to any Panchayat shall be called in question except by an election petition. This is similar to Art. 329(b) of the Constitution. The relevant portion of Art. 243-O(b) is as follows :-