JUDGMENT : Anjana Mishra, J. The two writ applications, which have come up by way of Public Interest Litigation, involving identical issue, have been heard together and are being disposed of by this common judgment and order. 2. For the sake of convenience, we take up the facts of the writ application bearing CWJC No.2575 of 2016 into account. By this application, the writ petitioners have sought for quashing paragraph Nos.9 and 10 of Letter No.2144, dated 17.12.2015, issued to all District Magistrates-cum-District Election Officers (Panchayat) of the State of Bihar, whereby direction has been issued by the State Election Commission that after reservation of posts for the Scheduled Caste and Scheduled Tribe in descending order of their population in a particular territorial constituency, seats shall be reserved for Backward Classes in the descending order of total population of the remaining territorial constituencies. The writ petitioners have impugned the direction aforementioned on the ground that the said direction is contrary to the provisions made under Article 16 of the Constitution of India inasmuch as the same is violative of the provisions contained under Article 243D(3) of the Constitution of India read with Sections 15(5), 38(1) and 65(1) of Bihar Panchayat Raj Act, 2006. 3. The facts, giving rise to the present case, are as follows: (i) By virtue of 73rd Amendment of the Constitution of India by the Act of 1992, the concept and scheme of Panchayat was introduced and the same provided for reservation of seats for Scheduled Castes and Scheduled Tribes in every Gram Panchayat. The State Legislature has also enacted Bihar Panchayat Raj Act, 2006, wherein provisions for reservation of seats, in the Panchayat, were introduced for the Scheduled Caste, Scheduled Tribe and Backward Classes. (ii) Under Section 15(5) of the Bihar Panchayat Raj Act, 2006, provisions were made for reservation to the post of Mukhiya; whereas under Section 38(1), reservation of seats for Panchayat Samiti and, under Section 65(1), provisions for reservation of seats for Zila Parishad were made. (iii) Bihar Panchayat Raj Act, 2006, came into force providing for rotation of reservation after two consecutive general elections under the supervision, direction and control of the State Election Commission. (iii) Bihar Panchayat Raj Act, 2006, came into force providing for rotation of reservation after two consecutive general elections under the supervision, direction and control of the State Election Commission. (iv) The second proviso to Rule 11 provides that in the first election for the purposes of allotment of constituency admissible to different categories, allotment of constituencies shall be made in the order of Scheduled Caste, Scheduled Tribes and Others and, for allotment of remaining constituencies, the same order shall be repeated. (v) The third proviso to Rule 11 provides that in the second election, for the purpose of allotment of constituency admissible to different categories, allotment of constituency shall be made in the order of Scheduled Tribe, Backward Classes, Others and Scheduled Caste and for the allotment of remaining constituency, the same order shall be repeated. (vi) After coming into force of the Bihar Panchayat Raj Act, 2006, the first election was held in the year 2006, wherein seats were reserved for different classes in the order as provided in the second Proviso to Rule 11. (vii) The State Election Commission has issued the impugned guidelines for rotation of reservation in respect of 2016 Panchayat Election. Paragraph No.10 of the said instruction directs that it shall be made in the order of Others, Scheduled Caste and Scheduled Tribes, which is contrary to the third proviso to Rule 11. 4. Petitioner No.1, being a resident and voter in the district of Lakhisarai, contends that there are 11 Zila Parishad Constituencies and out of these constituencies, Territorial Constituency Nos.1 and 11 were reserved for Backward Classes; whereas Territorial Constituency Nos.3 and 9 were reserved for Scheduled Castes and Territorial Constituency Nos.4, 7 and 10 were reserved for Female of unreserved class; whereas Territorial Constituency Nos.2, 5, 6 and 8 were unreserved. 5. The grievance arose as under Jale Block in the District of Lakhisarai, there are 26 Gram Panchayats. It was pointed out that Territorial Constituency No.13, which was reserved for Backward Classes in 2006 and 2011 Elections, has been proposed to be reserved for Scheduled Castes for 2016 Elections. Similarly, Territorial Constituency No.10, which was earlier reserved for Scheduled Caste, has, now, been recommended to be reserved for Backward Classes; whereas Territorial Constituency Nos.2, 7, 23 and 25, which were not reserved for any of the categories, remain unreserved in 2016 Election. 6. Similarly, Territorial Constituency No.10, which was earlier reserved for Scheduled Caste, has, now, been recommended to be reserved for Backward Classes; whereas Territorial Constituency Nos.2, 7, 23 and 25, which were not reserved for any of the categories, remain unreserved in 2016 Election. 6. Drawing the attention of the Court, it is contended by Shri S.B.K. Manglam, learned counsel for the petitioners, that in 2016 Panchayat Elections, Territorial Constituency No.1 has, again, been reserved for Unreserved Females, which was earlier reserved for Backward Class and similar is the position of Territorial Constituency No.3. Territorial Constituency No.9 has, now, been reserved for females of Backward Class, which was earlier reserved for Scheduled Caste Female. Similar is the position in respect of Territorial Constituency Nos.10 and 11. It is pointed out that Territorial Constituency No.10, which was earlier reserved for unreserved Female, has, now, been reserved for Scheduled Caste Females; whereas Territorial Constituency No.11, earlier reserved for Backward Class Female, has, now, been reserved for unreserved Female. 7. In the result, it was pointed out by the learned counsel for the petitioners that Territorial Constituency Nos.9 and 11 are either to be reserved for Scheduled Castes or Backward Classes in view of the impugned guidelines of the State Election Commission. In other words, the Scheduled Caste and Backward Class of the remaining constituencies would never be benefited even if the process of rotation of reserved constituencies would be adopted for two consecutive elections. Ultimately, the reserved constituency will remain unreserved. 8. It is contended by the learned counsel for the petitioners that if the instruction, issued by the State Election Commission, is permitted to be continued, the object of the Act of 1992 and the Bihar Panchayat Raj Act, 2006, would not be achieved. 9. Answering the contentions of the petitioners, Shri P.K. Verma, learned Additional Advocate General No.5, while referring to the stand of the Principal Secretary, Panchyati Raj Department, Govt. of Bihar (respondents No.2), has submitted that the scheme for reservation of seats of the Panchayat is laid down in Article 243D of the Constitution of India; the extract of the Article 243D is reproduced below: "243D. of Bihar (respondents No.2), has submitted that the scheme for reservation of seats of the Panchayat is laid down in Article 243D of the Constitution of India; the extract of the Article 243D is reproduced below: "243D. Reservation of seats (1) Seats shall be reserved for (a) the Scheduled Castes; and (b) the Scheduled Tribes, in every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the, total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat. (2) Not less than one third of the total number of seats reserved under clause (1) shall be reserved for women belonging, to the Scheduled Castes or, as the case may be, the Scheduled Tribes. (3) Not less than one third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat. (3) Not less than one third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat. (4) The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for the Scheduled Castes the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide: Provided that the number of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same proportion to the total number of such offices in the Panchayats at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State: Provided further that not less than one third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women: Provided also that the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level (5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in Article 334. (6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favour of backward class of citizens.? 10. It is submitted that the Bihar Panchayat Raj Act, 2006, enacted by the State Legislature of Bihar provides for reservation of seats in Panchayats at all the three levels and Gram Katchahry. The relevant Sections, dealing with the issue of reservation of seats, are Sections 13, 15, 95, 38, 40(2), 65, 67(2), 91 and 93(5) of the Act, 2006. 11. The Bihar Panchayat Raj Act, 2006, was enacted after repealing the previous Act, namely, the Bihar Panchayat Act, 1993. The relevant Sections, dealing with the issue of reservation of seats, are Sections 13, 15, 95, 38, 40(2), 65, 67(2), 91 and 93(5) of the Act, 2006. 11. The Bihar Panchayat Raj Act, 2006, was enacted after repealing the previous Act, namely, the Bihar Panchayat Act, 1993. The Bihar Panchayat Election Rules, 2006, have been framed to implement the provisions of the Act of 2006, repealing the previous Bihar Panchayat Election Rules, 1996. 12. In the Bihar Panchayat Election Rules, 2006, three rotational orders have been prescribed for rotational allotment of reserved electoral constituencies of Panchayats and Gram Katchahry. First Rotational Order - SC, ST, Others Second Rotational Order – ST, Others, SC Third Rotational Order – Others, SC, ST 13. It is submitted that the First Rotational Order (i.e., SC, ST, Others) was adopted in the first Panchayat general election held in the year 2001, under the provisions of the Bihar Panchayat Raj Act, 1993, and the Bihar Panchayat Election Rules, 1996, made there under. The Bihar Panchayat Raj Act, 1993, earlier provided for rotation after every Panchayat General Election, the term of the Panchayat not exceeding five years. 14. The second Rotational Order (ST, Others, SC) was adopted in the second Panchayat general election, in the year 2006, under the provisions of the new Bihar Panchayat Raj Act, 2006, and the Bihar Panchayat Elections Rules, 2006, made there under. The Rules, 2006, provided that the election, held in the year 2001, under the provisions of the repealed Bihar Panchayat Raj Act, 1993, shall be treated as the first election for the purposes of the rotational order. On this basis, the election, held in the year 2006, was treated as the second election and, accordingly, the allotment of electoral constituencies of Panchayats was done on the basis of second rotational order, i.e., ST, Others, SC. 15. No elections were held for Gram Katchahry in the year 2001. The elections to Gram Katchahry were held, for the first time, in the year 2006. Hence, allotment of reserved electoral constituencies of Gram Katchahry was done on the basis of the First Rotational Order SC, ST, Others as provided in the Rules, 2006. 16. 15. No elections were held for Gram Katchahry in the year 2001. The elections to Gram Katchahry were held, for the first time, in the year 2006. Hence, allotment of reserved electoral constituencies of Gram Katchahry was done on the basis of the First Rotational Order SC, ST, Others as provided in the Rules, 2006. 16. It is pointed out by Shri P.K. Verma, learned Additional Advocate General No.5, that subsequently, by an amendment, through the Bihar Panchayat Raj (Amendment) Act, 2009, provisions have been made in the Bihar Panchayat Raj Act, 2006, that the rotational orders, henceforth, will be followed after two consecutive general elections and the first election, for this purpose, will be the election held for the first time after coming into effect of the Bihar Panchayat Raj Act, 2006 (i.e., the Panchayat General Election, 2006). Thus, on the basis of this amendment, no change could be made in the status of reserved electoral constituencies in Panchayat General Election, 2011. 17. Since the Second Rotational Order (i.e., ST, Others and SC) has already been adopted in the Panchayat General Election, 2006/2011, it is natural and expedient that the next Rotational Order (i.e., Others, SC and ST) should be adopted in the case of Panchayat in the Panchayat General Election, 2016. As per the Amendment Act, 2009, this rotational order will continue to hold good in the next Panchayat General Election, 2021, and will only change at the time of Panchayat General Election to be conducted in the year 2026. 18. The first election to Gram Katchahry was held in the year 2006, when the first Rotational Order (i.e., SC, ST and Others) was adopted. The same order remained in the year 2011, because of the provisions made through the Amendment Act, 2009. It is in the natural scheme of things that in the year 2016, the second Rotational Order (i.e., ST, Others and SC) has been adopted for allotment of reserved constituencies in Gram Katchahry. 19. We have heard learned counsel for the parties at length. 20. It is in the natural scheme of things that in the year 2016, the second Rotational Order (i.e., ST, Others and SC) has been adopted for allotment of reserved constituencies in Gram Katchahry. 19. We have heard learned counsel for the parties at length. 20. For resolving the issue in respect of reservation and allotment of seats in Panchayats/ Gram Katchahries, Rules 9, 10 and 11 of the Bihar Panchayat Election Rules, 2006, and allotment of seats in the Panchayats/Gram Katchahries are reproduced below: "Rule 9–Determination of seats for reservation in the constituencies:- (1) Separate electoral constituencies shall be reserved for and allotted to the members of the Scheduled Castes, Scheduled Tribes, Backward Classes and Women of these categories subject to the Sections 13, 15, 38, 40, 65, 91 and 93 of the Act respectively for election of Member of Gram Panchayat, Mukhiya, Member of Panchayat Samiti, Pramukh, Member of Zila Parishad, Panch and Sarpanch of Gram Katchahry by the District Magistrate under the direction, control and supervision of the State Election Commission. (2) For election of the Chairman (Adhayaksh) of Zila Parishad, separate electoral constituencies shall be reserved for and allotted to the members of the Scheduled Castes, Scheduled Tribes, Backward Classes and Women of these categories, subject to Section 67 of the Act, by the State Election Commission. (3) After reservation and allotment of seats to the Scheduled Castes and the Scheduled Tribes under sub-rule (1) the number of seats out of the remaining seats to be reserved for the persons of the Backward Classes and women of these classes shall be as nearly as possible but not exceeding twenty percent of the total seats, subject to the overall limit of fifty percent reservations for all categories and allotment of those to be made in descending order of the total population of the remaining constituencies by the District Magistrate under the direction, control and supervision of the State Election Commission. Similarly, separate constituencies shall be reserved and allotted by the State Election Commission to the Backward Classes and Women of this category (in descending order of the total population of the remaining constituencies) under section 67 of the Act for election to the post of Adhayaksh of Zila Parishad: Provided that in case of population of more than one electoral constituencies being equal to the constituency coming first in the order of serial number shall be reserved for that category." xxx xxx xxxx xxxx "Rule 10. Procedure of calculation of the number of posts for the purpose of reservation:-The calculation of the number of posts of Panchayat for the purpose of reservation shall be made in accordance with the procedure prescribed by the State Election Commission." xxx xxx xxxx xxxx “Rule 11. Allotment of the Constituencies for Scheduled Castes, Scheduled Tribes, Backward Classes and other categories in Panchayats. (1) As far as possible, only such constituencies shall be allotted to different categories in admissible number and in rotation whose population, on the basis of calculation in the descending order by the District Magistrate, is found comparatively higher than other categories; provided that, as far as possible, those constituencies out of the remaining constituencies as prescribed in sub-rule (3) of Rule 9, shall be allotted to the Backward Classes category in admissible number and on rotational basis whose population comes first in descending order of their (of the remaining constituencies) total population. Provided that, in the first election for the purpose of allotment of constituencies admissible to different categories, allotment of constituencies shall be made in the order of Scheduled Castes, Scheduled Tribes and Others and for the allotment of the remaining constituencies, the same order will be repeated. Provided further that, in the second election for the purpose of allotment of constituencies admissible to different categories, allotment of constituencies shall be made in the order of Scheduled Tribes, Backward Classes, others anti Scheduled Castes and for the allotment of the remaining constituencies, the same order will be repeated; Provided further that, in the third election for the purpose of allotment of constituencies admissible to different categories, allotment of constituencies shall be made in the order of Backward Classes, Others, Scheduled Castes and Scheduled Tribes and for the allotment of the remaining constituencies, the same order will be repeated. The same rotation shall be followed for the allotment of constituencies in subsequent elections. (2) Allotment of constituencies in Gram Katchahry–The system of rotational allotment prescribed in sub-rule (1) shall be applicable to Gram Panchayat, Panchayat Samiti and Zila Parishad only. In case of Gram Katchahry the election conducted under the Act shall be deemed to be the first election. In the first election of Gram Katchahry, the order of Scheduled Castes, Scheduled Tribes, Backward Classes and others shall be followed for allotment of electoral constituencies in admissible numbers to different categories whereas in the second election the order shall be Scheduled Tribes, Backward Classes, Others land Scheduled Castes and in the third election Backward Classes, Others, Scheduled Castes and Scheduled Tribes, and this order shall be repeated for allotment of the rest of the electoral constituencies. (3) A reserved constituency shall not be reserved for the same category in the next election. Provided that, if any constituency was reserved for women of any particular category, in the next election that constituency may be reserved for women of a different category. Provided further that if any constituency was reserved for women in other (Unreserved) category, in the subsequent election, it shall not be reserved for women in other (unreserved) category. But if there is no alternative, the allotted constituency of any particular category in the previous election may be re-allotted to the same category in the subsequent election." 21. The provisions of Section 138 of the Act of 2006, being also relevant, are reproduced hereunder: “138. Bar to interference by Courts in electoral matter-Notwithstanding anything contained in this Act- (a) The validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under Article 243 K of the Constitution of India shall not be called in question in any Court; (b) No election to any Panchayat shall be called in question except by an election petition presented to the prescribed authority under this Act." 22. Under the provisions of Section 123 of the Bihar Panchayat Raj Act, 2006, it is the State Election Commission, Bihar, which has the power of superintendence, direction and control over the entire electoral process concerned with Panchayats and Gram Katchahries in the State of Bihar. Under the provisions of Section 123 of the Bihar Panchayat Raj Act, 2006, it is the State Election Commission, Bihar, which has the power of superintendence, direction and control over the entire electoral process concerned with Panchayats and Gram Katchahries in the State of Bihar. Further, under the provisions of Rules 9 to 18 of the Bihar Panchayat Election Rules, 2006, the subject of Reservation/allotment of constituencies is within the exclusive jurisdiction of the State Election Commission. Hence, we agree with the contention of the learned Additional Advocate General No.5 that the points, raised in the writ petition with regard to reservation for specific constituencies/posts, are to be answered by the State Election Commission and the concerned District Magistrate-Cum-District Election Officer (Panchayat). 23. The State Election Commission has filed its affidavit stating therein that the Bihar Panchayat Raj Act, 1993, came into force on 04.09.1993. The election, for the posts of Members of Zila Parishad, Mukhiya, Members of Panchayat Samiti and Ward Members, were held, for the first time, in April, 2001, but elections for the posts of Panch and Sarpanch could not be held as the matter was sub judice. 24. In the year 2001, reservation for election was made for the Members of Zila Parishad, Members of Panchayat Samiti and Ward Members. It is submitted that in view of Bihar Ordinance No.1 of 2006, the State Election Commission issued a direction, on 19.01.2006, to all the District Magistrates regarding reservation of seats as per 2006 Ordinance and, on 10.04.2006, the Act of 2006 was notified. As the election for the post of the Members of Zila Parishad, Members of Panchayat Samiti and Ward Members had already been held in the year 2001, the reservation, in respect of the said posts, was made in terms of the second Proviso to Rule 11 read with Explanation given under Sections 13, 15, 38, 40, 65, 67, 91 and 93 of 2006 Act. Accordingly, the rotational order of ST, Others, S.C. was followed. However, since no election for the post of Panch and Sarpanch were held in 2001, Rotational Order of first Proviso to Rule 11 of the Rules, 2011 was followed, in 2006 election, for S.C., S.T. Others. 25. Accordingly, the rotational order of ST, Others, S.C. was followed. However, since no election for the post of Panch and Sarpanch were held in 2001, Rotational Order of first Proviso to Rule 11 of the Rules, 2011 was followed, in 2006 election, for S.C., S.T. Others. 25. The State Election Commission further averred that the Legislature has amended the provisions of Sections 13, 15, 38, 40, 65, 67, 91 and 93 of the 2006 Act making it clear that (i) the rotational order will be followed after two consecutive elections. (ii) the first election, for this purpose, will be the election held, for the first time, after coming into effect of Bihar Panchayat General Election, 2006. 26. It is further contended that in view of the amendments made in the aforesaid sections in the year 2009, the rotation, in the order of S.C., Others and S.C., has already been adopted in the Panchayat Elections held in the year 2006 and 2011. It is, thus, lawful that the rotational order of others, S.C. and S.T. be adopted in the case of Panchayats in the Panchayat Elections, 2016. 27. The present litigation was considered at length and the parties have made their submissions before this Court. While the State Election Commission has tried to persuade this Court that the rotational order, adopted by the State Election Commission, in the present context, is lawful and legal, the petitioners, by referring to 2009 Amendment Act, have submitted that rotation, for election 2006, shall be treated to be the first election in accordance with the second Proviso to Rule 11 in view of the 2009 Amendment Act and corresponding amendments in the aforementioned Sections. 28. Having considered the rival submissions, this Court, upon due consideration of 2009 Amendment, is of the view that the Amending Act, 2009, having clearly provided that for the purpose, under discussion, elections, held in 2006, would be the first election and, therefore, the submission of the State Election Commission stating that in view of the reservations made in 2001, the first election would be 2001 is fit to be repelled. 29. After hearing the parties and in view of the importance attached to the Public Interest Litigation, which is of considerable significance and has wide reaching consequence, the order was reserved on 24.2.2016. 29. After hearing the parties and in view of the importance attached to the Public Interest Litigation, which is of considerable significance and has wide reaching consequence, the order was reserved on 24.2.2016. However, in the wake of certain developments, which were brought to our notice, the matter was, once again, re-opened by this Court on 03.03.2016 and the case was released from CAV on the filing of an interlocutory application bearing I.A. No. 1880 of 2016. 30. In I.A. No.1880 of 2016, it was pointed out to this Court that some amendments, in Bihar Panchayat Election Rules, 2006, have been made, which had been set in motion in May, 2015, itself. The amendments were necessitated in view of the amendments effected in the Bihar Panchayat Raj Act, 2006, through the Bihar Panchayat Raj (Amendment) Act, 2009. Accordingly, the said amendments were placed before the Council of Ministers in its meeting held on 26.2.2016 and was approved by the State. The same has since been published in the Bihar Gazette on 26.02.2016 (Annexure B). It is also pointed out that the State Cabinet, in its meeting held on 23.2.2016, has decided to conduct the Panchayat/Gram Katchahry General Elections, 2016, and Notification No.6 Pa/Pan.in-01/2016/1406/P.R., dated 25.2.2016 (Annexure A), has been issued. Learned counsel for the State has submitted that in view of the said Bihar Panchayat Election Rules, 2006, the previously applicable Rules stand duly amended and have been brought in consonance with the instructions of the State Election Commission, Bihar, as contained in paragraphs 9 and 10, issued vide Commission’s Letter No. 2144, dated 17.12.2015 (impugned order). Learned counsel for the respondent State, thus, submitted that in view of the aforementioned amendments, the writ application has, now, become infructuous and be disposed of accordingly. 31. Simultaneously, two interlocutory applications have been filed by the petitioners bearing I.A. No.1934 of 2016 and I.A. 1935 of 2016. 32. By I A. No. 1934 of 2016, the petitioners have prayed for stay of the notification, dated 25.2.2016, published in the Bihar Gazette (Extraordinary), dated 25th February, 2016, whereby and where under, it has been notified that Panchayat Election, 2016, in the State, which was to be conducted in ten phases would be held beginning from 24.4.2016. According to the said notification, the process of nomination would commence from 2.3.2016 and would continue thereafter. According to the said notification, the process of nomination would commence from 2.3.2016 and would continue thereafter. Hence, it was in the exigency of the situation that the notification be stayed. 33. The second I.A.1935 of 2016 seeks to make an amendment in the prayer of the main writ petition, challenging the notification, dated 26.2.2016, itself, whereby with the help of the said Gazette notification, the respondents have sought to amend Rule 11 of the Bihar Panchayat Election Rules, 2006, with retrospective effect from 9.9.2009, on the ground that it is a colourable piece of legislation for the purposes of covering up an illegal direction issued by the State Election Commission under paragraph No.10 of Letter No.1457, dated 17.12.2016. 34. This Court, upon due consideration of the facts and circumstances, thereafter, reopened the writ application on 3.3.2016; but, even while noticing that the two notifications, (Annexure A and B) issued by the State Government having been issued, there was no occasion to proceed in the matter, yet kept the same pending in view of the two interlocutory applications, which have been filed for keeping them in abeyance. However, the Court declined to allow the amendment petition in view of the fresh cause of action having arisen on account of issuance of the notification under challenge. 35. Close on the heels of interlocutory applications, another writ application, by way of Public Interest Litigation, has been filed, bearing CWJC No.4614 of 2016, whereby the petitioners of CWJC 2575 of 2016, while raising the same and similar issue as those raised in the previous writ petition, have also sought for a direction from this Court for quashing the notification, dated 25.2.2016, and also the notification, dated 26.2.2016, which seeks to challenge the order prescribed for allotment of territorial constituencies for different classes in the unamended Rule so as to bring it in consonance with the instructions issued by the State Election Commission’s Letter No. 2144, dated 17.12.2015. 36. The challenge to the said notifications is on three grounds: (i) The notification is illegal, arbitrary and having been issued at a time, when the judicial proceeding in that regard, was already concluded and judgment was kept reserved. Thus, the State is attempting to interfere with the due course of the judicial proceeding. 36. The challenge to the said notifications is on three grounds: (i) The notification is illegal, arbitrary and having been issued at a time, when the judicial proceeding in that regard, was already concluded and judgment was kept reserved. Thus, the State is attempting to interfere with the due course of the judicial proceeding. (ii) The impugned amendment is in contravention of Section 146(2) and (3) of the Bihar Panchayat Raj Act, 2006, which categorically provides that every Rule, made under Sub-Section (1) of Section 146, shall be laid before each House of the State Legislature and subject to any modification made under this Act, as every Rule made under this Act shall have the effect as if enacted in the Act, the respondent State was not justified to notify the Rule in the Bihar Gazette, on 26.2.2016, without laying the Rule before the State Legislature. (iii) Such Rule cannot be sustained, is a nullity and cannot be acted upon. The impugned notification was intended to frustrate the proceedings of this Court in CWJC No.2575 of 2016 on the recommendation of the State Election Commission. 37. It was further urged that Section 146 of the Act of 2006 is an enabling provision, where under power was conferred upon the State Government to carry out the purposes of the Act; whereas under Sub-section (2), every rule, made under the Section, shall be laid before each House of the State Legislature and Sub-section (3) states that a rule, under this Act, may be made with retrospective effect and when such a rule is to be made, it has to be placed before both Houses of the State Legislature along with the reasons for making the rule specified in the statement. The same, having not been done, renders the impugned notifications a nullity. 38. It is contended by the writ petitioners that the provision of Section 146 having been given a go-bye, the notification, issued and annexed in the affidavit filed in I.A. No. 1880 of 2016, having made no mention that it was placed before both the Houses, was fit to be treated as an invalid piece of legislation. 38. It is contended by the writ petitioners that the provision of Section 146 having been given a go-bye, the notification, issued and annexed in the affidavit filed in I.A. No. 1880 of 2016, having made no mention that it was placed before both the Houses, was fit to be treated as an invalid piece of legislation. The writ petitioners have also contended that the notification, under Section 124 of the Act, was issued, on 25.2.2016, on the basis of exercise of the provisions for reservation carried out by the State Election Commission under its earlier instructions, which was not in consonance with the unamended provision in the Rules as the same was under challenge in this Court. Therefore, the notification, issued under Section 124, cannot be a valid notification, because the decision to conduct the election was issued before a proper exercise in accordance with law for reservation and allotment of constituencies in favour of reserved classes. It is, thus, prayed that in the interest of justice, the impugned notification be set aside calling upon the respondents to act in accordance with the mandate of law so that the interests of the affected persons may not suffer and the elections conducted at the cost of the taxpayers do not become an exercise in futility. 39. Though the writ petitioners have strenuously urged before us the illegality in the actions of the State, we are of the considered view that the issuance of the amendment is wholly in consonance with the Constitutional provisions and in accordance with the letter and spirit of the provisions of the Bihar Panchayat Raj Act, 2009. 40. In the result, the present writ applications have been rendered in-fructuous. The impugned amendments are held to be in accordance with law. 41. These writ applications are, thus, dismissed.