MADHVENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Y.V. Giri, learned Senior Advocate for the petitioners and Mr. P.K. Shahi, learned Advocate General for the State.

(2.) The writ petitioners, all of whom are Block Panchayati Raj Officers (hereinafter called as 'BPROs') including the promotees to the post from Panchayat Secretaries have called in question the Bihar Panchayat Raj (Amendment) Act 2023 and have prayed that it be declared ultravires the Constitution for being violative of Articles 14 and 21 of the Constitution of India as also for there being complete arbitrariness in following the object behind such amendment whereby change has been made in Sec. 60(1) of the Panchayati Raj Act, making the Block Development Officers as Executive Officers of the Panchayat Samitis in place of Block Panchayat Raj Officers. The further challenge is to the notification of the Panchayati Raj Department of assigning the supportive role to Block Panchayati Raj Officer.

(3.) The Amendment Bill of 2023 was passed by the State legislature which received its assent from the Governor on 16/11/2023. Whereafter it was gazetted on 17/11/2023. The BDOs have thus been made the Executive Officers of the Panchayat Samitis.