S.N.Hussain, J.

1. Both these writ petitions have been filed challenging Government Notification vide Memo No. 4(N)GATH-09/2008/1691 dated 20.5.2009 by which Benipur Nagar Parishad was created with immediate effect by merging 24 villages, including several Gram Panchayats e.g. Gram Panchayat Raj Basuham, Gram Panchayat Raj Benipur, Gram Panchayat Raj Bahera and Gram Panchayat Raj Mahujala all of Sub-Division Benipur in the district of Darbhanga and also for quashing all follow up actions pursuant to the aforesaid notification.

2. The first writ petition was filed by four persons, all of whom were Mukhiyas of different Gram Panchayats of Benipur Block under Darbhanga district, out of whom the names of Petitioner Nos. 2, 3 and 4 were deleted by learned Counsel for the Petitioners and the first writ petition proceeded only with Petitioner No. 1. The second writ petition has been filed by one person, who is the resident of Benipur Sub-Division. Petitioners of both the aforesaid writ petitions have claimed that neither the said Gram Panchayats have completed their five years term fixed in law nor any allegation has been levelled against them nor the consents of the said Gram Pa