VIJAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN these writ petitions, we are concerned with the validity of Bihar Panchayat Raj Act, 2006 (hereinafter referred to as "the 2006 Act"). The 2006 Act was preceded by Panchayati Raj Ordinance, 2006 (hereinafter referred to as "the Ordinance"). These writ petitions were filed challenging the validity of the Ordinance. During the pendency of the writ petitions, the 2006 Act came into force and accordingly, applications have been filed to amend the writ petitions in order to enable the petitioners to challenge also the 2006 Act. The provisions of the Ordinance and the provisions of the 2006 Act are identical, except that the Ordinance repealed the Bihar Panchayat Raj Act, 1993 and saved the things done thereunder, whereas the 2006 Act repealed the Ordinance and saved the things done thereunder.

(2.) BEFORE we proceed to deal with contentions of the petitioners, it would be useful to refer to certain background facts in order to appreciate the same.

(3.) ON 23rd August, 1993, the Bihar Panchayat Raj Act, 1993 (hereinafter referred as "the 1993 Act") came into force whereby and under the 1947 Act was repealed after saving whatever had been done thereunder. The object thereof was to lay down a law in conformity with Part IX of the Constitution. The Act provided for constitution of Panchayats at three levels. The village level was constituted at the village level, the intermediate level was constituted at the block level and the district level was constituted at the district level. It made reservation of seats in the Panchayats at every level for Scheduled Castes, Scheduled Tribes and Backward Classes on the basis of their population proportionate to the total population in the area of the Panchayats. The Act made horizontal reservation of one-third of the total number of seats at each level for the women. The Act reserved seats of Chairpersons at every level, namely, the seats of Mukhiya at the village level, of Pramukh at the intermediate level and of Adhyaksha at the District level, for Scheduled Castes, Scheduled Tribes and Backward Classes in proportion to their population to the total population of the area of the Panchayats. It introduced similar reservations for Sarpanchs and Panchs. The Act, otherwise, reiterated the provisions pertaining to Gram Cutcherry as was provided in the 1947 Act with slight modifications. However, the value of the civil suits entertainable by the Gram Cutcherry was increased up to ten thousand rupees. It defined Backward Classes as those who have been mentioned in Schedule-I to the Act. Schedule-I listed various castes, which were specified as extremely Backward Class in the Schedule-I to the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1992. In addition thereto, the Act provided for many other things with which at present we are not concerned.