NARENDRA NATH TIWARI, J. - (1.) IN this writ petition, the petitioners have made the following prayers : (i) for declaring the provisions of Sec. 8 of the Jharkhand Panchayat Raj Act, 2001 (hereinafter to be referred as the 'Panchayat Act') ultra vires, illegal and beyond the legislative competence of the State of Jharkhand, being contrary to the provisions contained in Part -IX of the Constitution of India; (ii) for declaring Rule 5(Ga) of Jharkhand Gram Sabha (Gathan, Baithak Ki Parkriya Ewam Kamkaj Ka Sanchalan) Niyamawali, 2003 (hereinafter to be referred as 'Rule 2003') ultra vires and beyond the competence and jurisdiction of the State Government; and (iii) for quashing Letter No. 266 dated 14th February, 2006 addressed to all the Deputy Commissioners, whereby guideline has been issued for conducting the meeting of Gram Sabha in non -scheduled areas, providing for elections of persons to preside over the meetings and to act as a Pradhan in the Gram Sabha, being contrary to the provisions of the. Constitution of India and Sec. 8 of the Panchayat Act.
(2.) PETITIONER No. 1, Jakir Hussain, happens to be the Member of Childag Gram Sabha within Childag Panchayat, whereunder, according to him, there are four Gram Sab -has, namely, Simalia, Lalgarh, Soso and 'Childag. Petitioner No. 2, Rajani Kumar Mahto, is a member of Gram Sabha of village Gagi. The main controversy, which led to this writ petition, is as to who will preside over the meetings of the Gram Sabha, which, according to Article 243(b) of the Constitution of India, is a body consisting of persons registered in the electoral rolls, relating to a village comprised within the area of Panchayat of the village level. The said Article 243 provides various definitions and is the opening provision of chapter 'panchayat' in Part IX of the Constitution of India.
(3.) PART -IX of the Constitution was inserted by the Constitution (73rd Amendment) Act 1992 with effect from 1st June, 1993. The newly inserted Part -IX of the Constitution provided for establishment of Panchayats at the village level, intermediate level and district level. The provisions of newly added Part -IX of the Constitution are not made applicable in the "Scheduled Areas and Tribal Areas", but the parliament has been authorized to extend the provisions of this part to the "Scheduled Areas" subject to such exception and modification, as may be specified in such law.;