Arun Kumar Singh and Renu Devi vs State of Bihar and Others

R.M. Doshit, C.J.—The Petitioners in these petitions filed under Article 226 of the Constitution seek to challenge the communication dated 31st October 2003 issued by the District Magistrate, Aurangabad to the Petitioners, the members of the Zila Parishad, Aurangabad, intimating the Petitioners of the ensuing meeting to be held on 10th November 2003 and that the elected members alone would participate in voting. Consequently, the Petitioners have also challenged the constitutional validity of Section 42(3) and 68(4) of the Bihar Panchayat Raj Act, 1993 as ultra vires Article 243C(4) of the constitution.

In view of the passage of time, challenge to the communication dated 31st October 2003 shall not survive. u/s 171 of the Bihar Panchayat Raj Act, 2006, the Bihar Panchayat Raj Act, 1993 as amended from time to time is repealed.

In view of the repeal of the Act of 1993 the challenge to the constitutional validity of the above referred Sections 43(3) and 68(4) of the Act of 1993 does not survive.

For the aforesaid reasons, the petitions are disposed of.