JUDGEMENT

- (1.)In both these writ applications the constitutional validity of Section 5 (v) of the Panchayat Samiti and Zila Parishads Act, as amended by Ordinance 117 of 1978 is under challenge.
(2.)The petitioner in CWJC 918/79 is the Mukhiya of Kharenda Gram Panchayat Raj within Bhagwanpur Block Panchayat Samiti in the district of Rohtas. On 23-2-1979 an election programme was published for the co-option of the members of the Panchayat Samiti. A number of persons filed nomination papers for co-option. On 17-3-79 an election was held and some of the candidates were chosen for co-option in respect of the various categories mentioned in Section 5 (v) aforesaid. The petitioner challenges the Ordinance as already stated. At the time of admission the election of Pramukh and Up-Pramukh which was to be held was not stayed but it was directed that the election result should not be announced till the hearing of the stay matter. At the final hearing of the stay matter it was directed that the result shall not be announced until the disposal of the main writ application.
(3.)There are five petitioners in C.W.J.C. 813 of 1979. In this writ application the election of Pramukh of Panchayat Samiti of Saraiya Block in the district of Muzaffarpur is under challenge. It is also prayed that the co-option of members of the said block held on 3-3-1979 be declared ultra vires and unconstitutionals. In this writ application also Section 5 of the Panchayat Samiti and Zila Parishads Act as amended by Ordinance 117 of 1978 has been challenged as void and unconstitutional.


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