IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5348 of 2008 PHULPARI DEVI Versus THE STATE OF BIHAR & ANR ----------- For the Petitioner : Mr. Dilip Kr. Mishra, Advocate For the Respondents : AAG 11 -------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Barin Ghosh -------- Dated, the 11th July, 2008. We heard the counsel for the petitioner. 2. The petitioner has made following prayers : “(I) To issue writ in the nature of Mandamus or order or direction to the Respondent No. 1 for issuance of Public Notification in Gazzate of Bihar by the Hon‟ble Governor, Bihar to specify village and group of villages and intermediate level between village and district levels respectively as mandated in Articles 243(g) and 243© of the Constitution of India; (II) to issue writ in the nature of Mandamus or order or direction to the Respondent No. 1 to constitute village, Intermediate & District levels panchayats and Gram Katchahry in the State of Bihar; (III) To issue appropriate writ or order or direction to the Respondent No. 2 for conducting election for composition of Panchayats and Gram Katchahry after Constitution; (IV) To issue appropriate writ or order or direction to inforce fundamental right as guaranteed under Articles 14 & 15 of the Constitution of India of the petitioner, members of village level Panchayats and Scheduled Castes & Scheduled Tribes living in the State of Bihar by declaring void to the provisions of Sections 15(1) & (2), 15(5) with extent to the provision for reservation of post of Mukhiya to the - 2 - Scheduled Castes & Scheduled Tribe, 15(5) explaination 18(4)(i), 40(2) with extent to the provisions for reservation of Post of Pramukh to the Scheduled Castes & Scheduled Tribes and 40(2) explanation; (V) To issue appropriate writ or order or direction to declare un constitutional to the sections 2(am) 11(1)(2), 12(1)(a), 34, 35, 62(1) & 90(1) of the Bihar Panchayat Raj Act 2006; (VI) To issue appropriate writ or order or direction to declare that in the State of Bihar Panchayats and Gram Katchahary are unconstitutional;” 3. Having considered the relevant provisions of Bihar Panchayat Raj Act, 2006 (for short „the Act of 2006), we find that the petitioner has filed this writ petitioner without carefully considering the provisions contained therein. The Act of 2006 contemplates three tier local self governance in the form of –(i) Panchayat, (ii) Panchayat Samiti and (iii) Zila Parishad. Surely, the provisions contained in the Act of 2006 meet the constitutional requirements incorporated in Article 243(g) of the Constitution. As a matter of fact, constitutional validity of the Act of 2006 was put in issue and we are informed that the Full Bench has upheld the legality and constitutionality of the Act of 2006. 4. In view thereof, the writ petition is wholly misconceived. It is dismissed accordingly. R. M. Lodha, CJ Barin Ghosh, J Anil/