Nagendra Rai, J.

1. In these writ applications, the vires of Rule 122, as amended by notification dated 28.2.2002, has been challenged primarily on the ground that the same is ultra vires Art. 243-O of the Constitution of India and Secs. 140 and 143 of the Bihar Panchayat Raj Act, 1993 (hereinafter referred to as the Act). They have also challenged the orders passed by the State Election Commission in exercise of the said power disqualifying the office bearers of the Panchayat as well as the orders by which the State Election Commission has rejected the prayer in some cases to disqualify the candidates on merit. In some cases, the elected members have incurred disqualification after election and the State Election Commission has also passed orders declaring them disqualified under the aforesaid Rule, read with sec. 139(2) of the Act.

2. To appreciate the point, it is first necessary to refer to the relevant provisions of the Constitution and the Act, at the very beginning. Para IX dealing with the Panchayats was inserted in the Constitution of India by the Constitution (Seventy third Amendment) Act, 1992. Part IX is a complete chapter dealing with the Panchayats starting fr