N. Pandey, J.

1. This petition under article 226 of the Constitution of India is for an appropriate writ/order, quashing the decision of the Executive committee of Jagarnathpur Gram Panchayat (Gaya) dated 13-11-1995, whereby Ram baran Pd. Yadav (respondent) was selected to the post of Dalpati of the said Panchayat. A prayer has also been made to quash the order of the District panchayat Officer (respondent No.4), whereby, he accorded approval to the said appointment.

2. The main ground to attach the validity of the impugned appointment is since the Bihar Panchayat Village volunteer Force Rules, 1949 (in short the Rules, 1949 are ceased to have any legal existence by implied meaning of repeal of the Bihar Panchayat Raj Act, 1947, appointment of respondent No.8 by the Executive Committee and approval of the District Panchayat Officer, applying the procedures prescribed under that Rule, has to be declared illegal and without jurisdiction. It would be relevant to mention that in order to organise a Village Volunteer Force under the command of a Dalpati, the state Government as per the provisions of Sec.26 of the Bihar Panchayat raj Act, 1947 (in short the Act, 1947), had empowe