SHAILENDRA KUMAR SINGH, SON OF SRI SHIV SHANKAR PRASAD SINGH, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) The two writ applications, which have come up by way of Public Interest Litigation, involving identical issue, have been heard together and are being disposed of by this common judgment and order.

(2.) For the sake of convenience, we take up the facts of the writ application bearing CWJC No.2575 of 2016 into account. By this application, the writ petitioners have sought for quashing paragraph Nos.9 and 10 of Letter No.2144, dated 17.12.2015, issued to all District Magistrates-cum-District Election Officers (Panchayat) of the State of Bihar, whereby direction has been issued by the State Election Commission that after reservation of posts for the Scheduled Caste and Scheduled Tribe in descending order of their population in a particular territorial constituency, seats shall be reserved for Backward Classes in the descending order of total population of the remaining territorial constituencies. The writ petitioners have impugned the direction aforementioned on the ground that the said direction is contrary to the provisions made under Art. 16 of the Constitution of India inasmuch as the same is violative of the provisions contained under Art. 243D(3) of the Constitution of India read with Sections 15(5), 38(1) and 65(1) of Bihar Panchayat Raj Act, 2006.

(3.) The facts, giving rise to the present case, are as follows :