NAGENDRA PRASAD SINGH, J.

1. The elections of the office-bearers of different Gram Panchayats have been challenged in these writ applications. The validity of the elections has been questioned primarily on the ground that the electoral rolls for such elections were prepared under such provisions of the Bihar Panchayat Raj Act, 1947 and the Rules framed thereunder, which are ultra vires. The petitioners in different writ applications have also challenged the respective elections on the ground that they have been held in contravention of the different rules of the Bihar Panchayat Election Rules, 1959. As common questions of law are involved in these writ applications, they were heard together and are being disposed of by a common judgement.

2. The Bihar Panchayat Raj Act, 1947 (hereinafter to be referred to as the Act), came in force in the year 1948. The object, as mentioned in the preamble of the said Act was to establish and develop Local Self-Government in the village communities of the province of Bihar, Section 4 of the Act contained the provision regarding membership of a Gram Panchayat who could vote at the election. It was amended in the year 1963. In view of this amendment, persons of the locality, who were voters of the Assembly constituency, were deemed to be the voters for the Gram Panchayat election. In the year 1978, however, the aforesaid Section 4 was again amended by the Bihar Panchayat Raj Amendment Ordinance, 1978 (hereinafter to be referred to as Ordinance No. 5 of 1978), which came in force on and from 25th February, 1978. The amending Section runs as follows :-

"For Section 4 of the said Act the following Section shall be substituted and shall always be deemed to have been substituted namely :-

4. Membership of the Gram Panchayat : All those persons who are enrolled as electors in so much of the electoral roll or rolls of an Assembly Constituency of the State of Bihar for the time being in force, as relates to the local area a comprised within the limits of the Gram Panchayat shall be members of the Gram Panchayat and as also those persons ordinarily residing in the Gram Panchayat who have attained the age of eighteen years or more on the qualifying date and who are not enrolled in the Assembly Constituency and for whom supplementary electoral roll shall be prepared in the prescribed manner under the Act. Explanation :- Qualifying date means the first of January of that year in which the supplementary roll is prepared or revised. Sec.16 of the Representation of the People Act, 1950 shall apply mutatis mutandis for preparing the supplementary electoral roll of the Gram Panchayat."

As the amended Section 4 of the Act provided that a supplementary electoral roll shall be prepared in the prescribed manner, the Bihar Panchayat (Registration of Supplementary Electors) Rules, 1978 (hereinafter to be referred to as the Electors Rules) were framed. This Rule was published in the Bihar (Extraordinary) Gazette on 21st March, 1978. It contained the procedure for preparation of supplementary electoral roll containing the names of such persons who are above 18 years of age and whose names have not been included in the Assembly electoral roll. Rule 1(2) of this Rule provided "They shall be deemed to have come into force on the 1st day of Feb. 1978." Rule 5 of the Bihar Panchayat Election Rules, 1959 (hereinafter referred to as the Election Rules) was also amended on 22-3-1978. Sub-rule (1a) was added to Rule 5, saying that supplementary electoral roll prepared under the aforesaid Electors Rules shall form supplement to the electoral roll mentioned in sub-rule (1) of Rule 5.

3. A direction had already been issued by the State Government on 4th February, 1978 to different Commissioners of the Divisions and the District Magistrates requesting them to take steps for preparation of the supplementary electoral roll containing names of persons above 18 years of age. A programme for the same was also forwarded. The draft