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IN THE HIGH COURT OF JUDICATURE AT PATNA
Ashutosh Kumar, Partha Sarthy
Madhvendra Kumar son of Ashok Kumar – Appellant
Versus
State of Bihar through the Chief Secretary – Respondent
| Table of Content |
|---|
| 1. final judgment on constitutionality (Para 1) |
| 2. challenge to the amendment's constitutionality. (Para 2 , 3 , 4 , 5) |
| 3. arguments against the amendment's rationale. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. court's rationale for upholding the amendment. (Para 13 , 14 , 15 , 16) |
| 5. constitutionality of the amendment affirmed. (Para 17) |
| 6. writ petition dismissed. (Para 18) |
JUDGMENT :
Ashutosh Kumar, ACJ
Heard Mr. Y.V. Giri, learned Senior Advocate for the petitioners and Mr. P.K. Shahi, learned Advocate General for the State.
2. The writ petitioners, all of whom are Block Panchayati Raj Officers (hereinafter called as ‘BPROs’) including the promotees to the post from Panchayat Secretaries have called in question the Bihar Panchayat Raj (Amendment) Act 2023 and have prayed that it be declared ultravires the Constitution for being violative of Articles 14 and 21 of the Constitution of India as also for there being complete arbitrariness in following the object behind such amendment whereby change has been made in Section 60(1) of the PANCHAYATI RAJ ACT , making the Block Development Officers as Executive Officers of the Panchayat Samitis in place of Block Panchayat Raj Officers
The court upheld the constitutionality of the Bihar Panchayat Raj (Amendment) Act 2023, ruling it was not arbitrary or violative of Articles 14 and 21 of the Constitution.
The appointment of an Administrator can be justified based on the non-cooperation of Panches and the failure of the Gram Panchayat to perform its duty.
The main legal point established in the judgment is the court's directive to consider representations and pass appropriate orders within a specified timeframe.
Amendments to Panchayati Raj election rules must comply with constitutional provisions, including reservation based on population, not arbitrary criteria, with necessary prior consultation.
Authority must follow procedural safeguards in removal of Panchayat officials, emphasizing correct legislative provisions.
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