DHRUB NARAIN RAO & ANOTHER Vs. THE STATE OF BIHAR & OTHERS

JUDGEMENT

(1.) IN this set of 12 writ petitions, primal challenge is laid to the validity and the constitutionality of the Bihar Panchayat Raj (Amendment) Ordinance, 1987 (Bihar Ordinance no. 3 of 1987) and in particular to sections 2and 3thereof whereby sections 10and 11of the Bihar Panchayat Raj Act, 1947 have been substituted and materially amended respectively. We have heard the Learned Counsel for the petitioners and on behalf of the respondent -State, the learned Advocate General as also the Learned Counsel for the interveners at great length in view of the seminal significance of the issues involved. It has been stated at the bar that the long pending elections to the Panchayats throughout the State of Bihar are being held up on account of pendency of those cases. The adjudication of the significant issue of the validity of the Ordinance thus brooks no further delay. On the basis of the relevant constitutional provisions, on principle and on precedent, we are unanimously of the view. -