D.P.WADHWA, SUDHANSU JYOTI MUKHOPADHAYA
Krishna Kumar Mishra – Appellant
Versus
State Of Bihar – Respondent
S.J.MUKHOPADHAYA, J.
1. The controversy relating to reservation in the matter of education and service, which started since 1951, was ultimately set at rest in the end of 1992, by the Supreme Court in Indra Sawhney V/s. Union of India, AIR 1993 SC 477.Immediately thereafter, by the Constitutions (73rd Amendment) Act, 1992, a new principle of reservation has been laid down under Article 243D of Constitution of India, in the matter of Panchayat election. The Respondent-State of Bihar then came out with Bihar Panchayat Raj Act, 1993 (for short Panchayat Act, 1993). The aforesaid Constitutional Amendment and Panchayat Act, 1993 have now given rise to the new controversy relating to reservation in Panchayat election. By the aforesaid 73rd Amendment of Constitution, followed by Panchayat Act, 1993, a new Provision has been laid down, reserving seats in favour of Scheduled Castes, Scheduled Tribes and Backward class persons, in the matter of Panchayat election. As to whether such reservation of seats in the matter of Panchayat election is permissible or not, is the main issue in the present writ petitions.
2. The petitioners of C.W.J.C. 3351/94 have challenged a part of Article 24
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