IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO. 11050 of 2010 ========================================= MANISH KUMAR MISHRA Versus THE STATE OF BIHAR & ORS ============================================ APPEARANCE For the Petitioner : Mr. Dilip Kumar Mishra,, Advocate Mr. Bindeshwari Sah, Advocate For the State : Mr. P.K.Verma, AAG XI Mr. P.K.Sharn, AC to AAG XI For the State Election Commission: Mr. Sanjeev Nikesh, Adv ocate CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 16/9/02010 The present petition under Article 226 of the Constitution challenges the constitutional validity of section 40 of the Bihar Panchayat Raj Act, 2006 so far as the reservation to the posts of Pramukh of Panchayat Samittee has been made in proportion to the population in the district. According to the petitioner, the provisions of section 40 of the Bihar Panchayat Raj Act are ultravires and contrary to Article 243D of the Constitution. Learned Additional Advocate General Mr. P.K.Verma states that the matter has been decided by the Full Bench of this Court in the matter of Vijay Kumar Singh v. State of Bihar (FB), ( 2006 (2) PLJR 2 606). In view of the Full Bench judgment, the petition is disposed of. Neyaz/ ( R. M. Doshit,CJ.) ( Jyoti Saran, J.)