IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.11994 OF 2003 ===================================================== 1. Arun Kumar Singh, Son of Ram Bilar Singh, resident of Village- Basdiha Gopalganj, P.O.-Hariharganj, P.S. Kutumba, District- Aurangabad. 2. Renu Devi, Wife of Pankaj Paswan, resident of Club Road, P.O.+P.S. and District-Aurangabad. …. …. Petitioners Versus 1. The State of Bihar. 2. The Secretary, Panchayati Raj, Government of Bihar, Patna. 3. The District Magistrate, Aurangabad. 4. The Zila Parishad Aurangabad through its Chief Executive Officer, Aurangabad. 5. The Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Aurangabad. …. …. Respondents ===================================================== WITH CIVIL WRIT JURISDICTION CASE No.11389 OF 2003 ===================================================== Rana Pratap Singh, Son of Uday Pratap Singh, Member Zila Parishad, Aurangabad, At+P.O.-Karma Bhagwan, P.S.-Aurangabad Mufassil, District- Aurangabad. …. …. Petitioner Versus 1. The State of Bihar. 2. The Chief Secretary, State of Bihar. 3. The Secretary, Panchayati Raj, Government of Bihar, Patna. 4. The Law Secretary, Panchayati Raj, Government of Bihar, Patna. 5. The District Magistrate of Aurangabad. 6. The Zila Parishad Aurangabad through its Chief Executive Officer, Aurangabad. 7. Ranjeet Singh, Son of Late Yadu Nandan Singh, Chairman, Aurangabad Zila Parishad. 8. Ram Pravesh Bhuyian, Son of Sri Nanak Bhuyian Vice-Chairman, Aurangabad Zila Parishad. 9. Raghuvendra Pratap Singh, Son of Not know. 10. Babu Lal Singh, Son of Not known, Respondents no. 7 to 10 resident of At-Zila Parishad Office, At+P.O.+Dist.-Aurangabad. …. …. Respondents ===================================================== WITH CIVIL WRIT JURISDICTION CASE No.10846 OF 2003 ===================================================== - 2 - 1. Ranjeet Singh, Son of Late Yadunandan Singh, resident of Village- Deokali, P.O.-Aranda, P.S.-Daudnagar, District-Aurangabad. 2. Ram Pravesh Bhuiya, Son of Sri Nanhan Bhuiya, resident of Village- Chalidohar, P.O.-Neema Anjan, P.S.-Madanpur, District-Aurangabad. …. …. Petitioners Versus 1. The State of Bihar. 2. The Chief Secretary, State of Bihar. 3. The Secretary, Panchayati Raj, Government of Bihar, Patna. 4. The Law Secretary, Panchayati Raj, Government of Bihar, Patna. 5. The District Magistrate of Aurangabad. 6. The Zila Parishad Aurangabad through its Chief Executive Officer, Aurangabad. …. …. Respondents ===================================================== Appearance : For the Petitioners : None For the Respondent State: Mr. Pushkar Narain Shahi, A.A.G.-14 with Mr. Dhirendra Kumar, A.C. to AAG-14 ===================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) The petitioners in these petitions filed under Article 226 of the Constitution seek to challenge the communication dated 31st October 2003 issued by the District Magistrate, Aurangabad to the petitioners, the members of the Zila Parishad, Aurangabad, intimating the petitioners of the ensuing meeting to be held on 10th November 2003 and that the elected members alone would participate in voting. Consequently, the petitioners have also challenged the constitutional validity of Section 42(3) and 68(4) of the Bihar Panchayat Raj Act, 1993 as ultra vires Article 243 C (4) of the constitution. In view of the passage of time, challenge to the communication dated 31st October 2003 shall not survive. Under Section 171 of the Bihar Panchayat Raj Act, 2006, the Bihar - 3 - Panchayat Raj Act, 1993 as amended from time to time is repealed. In view of the repeal of the Act of 1993 the challenge to the constitutional validity of the above referred Sections 43(3) and 68(4) of the Act of 1993 does not survive. For the aforesaid reasons, the petitions are disposed of. Patna High Court Dated the 27th January 2011 Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)