D.P.Wadhwa, J.

1. In this petition under Article 226 of the Constitution, the petitioner, a convenor of certain social, cultural and literary organisation of Santhal Paraganas and Chotonagpur divisions, has claimed a declaration that the Bihar Panchayat Raj Act, 1993 (in short the Act) is not applicable to the Scheduled Areas in the State of Bihar, and consequently to restrain the State Election Commission and the State of Bihar from holding any election under the Act in that area.

2. Field of controversy is quite small but arguments some what extensive. Part IX of the constitution deals with the Scheduled and Tribal Areas. Under Article 244 falling in that part the provisions of the Fifth Schedule to the Constitution shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State, the State of Bihar being one of such States. If we now refer to the Fifth Schedule, Part C thereof defines the Scheduled Areas. The expression Scheduled Areas means such areas as the President may by order declare to be Scheduled Areas. Rest of Part C is not quite relevant for our purpose.

3. Now under the Order issued by the President the following are the