AFTAB ALAM, J.

1. Whether the legal position emerging from the 73rd constitutional amendment, followed by the coming into force of the Bihar Panchayat Raj Act, 1993 (by which the Bihar Panchayat Raj Act, 1947 was repealed) allowed for appointment of Dalpaties (Head of the village volunteer force)? This is the common question arising for consideration in all the writ petitions and a letters patent appeal in this batch of cases.

2. The petitioners contend that appointment of Dalpaties could still be made after the 73rd constitutional amendment and the coming into force of the Bihar Panchayat Raj Act, 1993 , at least, till 24-4-1997 when the Supreme Court by an order passed in a writ petition expressly stopped from functioning the Gram Panchayats which were supposedly in existence in this State on the basis of the elections held in the year 1978.

3. On behalf of the State, on the other hand, it is maintained that after coming into force of the Bihar Panchayat Raj Act, 1993 , no appointment of Dalpaties could be validly made until relevant rules are framed under the Act and, in any event, no appointment could be made by the Executive Committees of the Moribund Panchayats which