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2006 Supreme(Pat) 482

S.N.HUSSAIN, R.N.PRASAD, BARIN GHOSH
Vijay Kumar Singh – Appellant
Versus
State Of Bihar And Union Of India (Uoi) – Respondent


Judgment

R.N.Prasad, J.

1. In these writ petitions, we are concerned with the validity of Bihar Panchayat Raj Act, 2006 (hereinafter referred to as "the 2006 Act"). The 2006 Act was preceded by Panchayati Raj Ordinance, 2006 (hereinafter referred to as "the Ordinance"). These writ petitions were filed challenging the validity of the Ordinance. During the pendency of the writ petitions, the 2006 Act came into force and accordingly, applications have been filed to amend the writ petitions in order to enable the petitioners to challenge also the 2006 Act. The provisions of the Ordinance and the provisions of the 2006 Act are identical, except that the Ordinance repealed the Bihar Panchayat Raj Act, 1993 and saved the things done thereunder, whereas the 2006 Act repealed the Ordinance and saved the things done thereunder.

2. Before we proceed to deal with contentions of the petitioners, it would be useful to refer to certain background facts in order to appreciate the same.

3. On 13th March, 1948, Bihar Panchayat Raj Act, 1947 (hereinafter referred to as "the 1947 Act") came into force. The object of the said Act was to establish and develop Local Self-Government in the village communit






















































































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