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 further challenge is to the notification of the Panchayati Raj Department of assigning the supportive role to Block Panchayati Raj Officer. 3. The Amendment Bill of 2023 was passed by the State legislature which received its assent from the Governor on 16.11.2023. Whereafter it was gazetted on 17.11.2023. The BDOs have thus been made the Executive Officers of the Panchayat Samitis. 4. The challenge to the notification is on the ground that such amendment suffers from the vice of arbitrariness in removing BPROs from the post of Executive Officers of Panchayat Samiti without any cogent, reasonable or justified grounds and being contrary to the spirit and objective of the 73rd Constitutional Amendment Act, 1992 as also the Bihar Panchayati Raj Act, 2006. 5. The object behind the amendment of 2023 viz. for better coordination of works in Panchayat Samiti and effective monitoring of schemes at the Block level, ensuring that the work of Panchayat Samiti is executed properly and expeditiously, is merely an eye-wash. 6. There already exists a Block Level Program Implementation Committee constituted vide resolution of the Cabinet Secretariat Department, Government of Bihar for better implementation and monitoring of different schemes with clear demarcation of duties and responsibilities of the Block Level Program Implementation Committee. There is also a Block Level Coordination Committee for better coordination and monitoring of schemes. Thus the change by removing BPROs and bringing in Block Development Officers to perform as Executive Officers was not necessary. 7. There is also a Block Level Coordination Committee for better coordination and monitoring of schemes. Thus the change by removing BPROs and bringing in Block Development Officers to perform as Executive Officers was not necessary. 7. While challenging such replacement of Block Development Officers with BPROs, the writ petitioners have argued that section 60(1) in its original form only required that an officer not below the rank of Deputy Collector be appointed as the Executive Officer of the Panchayat Samiti. This was changed in 2010 with the amendment in section 60 (1), making the Block Development Officers as Executive Officers of the Panchayat Samitis. In the year 2021, the Bihar Panchayati Raj Amendment Bill 2021 was presented before the Bihar Legislative Assembly providing that BPROs be made the Executive Officer. It was discussed in the floor of the Legislative Assembly that the Block Development Officers are already burdened with excessive work and their being replaced by BPROs would only be conducive for the efficient functioning of the Samiti. Thus, Bihar Panchayati Raj Amendment Act, 2021 was passed on 09.08.2021 with BPROs as the Executive Officers. 8. Without there being any emergent necessity, the Amendment Act of 2023 has been brought about, ignoring the hard reality that Block Development Officers are otherwise overburdened and spend less time on Panchayat work. No data or figure appears to have been taken into account for taking such a decision. 9. The further argument is that the powers and functions of the Executive Officer of a Panchayat Samiti under Sections 50, 51 and 61 of the Bihar Panchayat Raj Act necessitate that the cadre of BPROs should be entrusted with the task of Executive Officers. The other ground raised on behalf of the petitioner is that the Rural Development Department is the controlling department of the Block Development Officers and the vision of the department is to have a sustainable and inclusive development of rural household of Bihar through a multi- pronged strategy for eradication of poverty by promoting livelihood opportunities, providing social safety and developing infrastructure for growth. 10. On the contrary, the Panchayati Raj Department which is the controlling department of BPROs has been created by the Government with the vision of decentralization which is one of the main objectives of the 73 rd Constitutional Amendment Act, 1992. 11. 10. On the contrary, the Panchayati Raj Department which is the controlling department of BPROs has been created by the Government with the vision of decentralization which is one of the main objectives of the 73 rd Constitutional Amendment Act, 1992. 11. The Bihar Panchayati Raj Officers, it has been asserted, are officers of a separate cadre and are governed by the Bihar Panchayat Service Rules, 2010. The post of BPRO is the first basic post. 75% of the Bihar Panchayati Raj Officers posts are filled with direct recruitment and, therefore, they are younger and more energetic than the Block Development Officers. 12. The writ petitioners have also called in question the notification of the Government dated 15.12.2023 contained in Memo No. 15836, allocating the supportive role of the petitioners on the ground of same being based on no reason whatsoever. 13. The aforenoted contentions have been repelled by the learned Advocate General, who has argued that the Amendment Act of 2023 has not been questioned on the competence of the Bihar Legislature to bring about such an amendment in the Act. No malafides could be read in the enactment for the reason that for about good 10 to 11 years, Block Development Officers were made the Executive Officers of the Panchayat Samiti but only in 2021, BPROs were made the Executive Officers. 14. On the issue of such a sudden change in the mindset and replacing BPROs with Block Development Officers, the contention of the State is that if the Act passes the muster of the competence to enact; is not violative of any fundamental rights or of any law; or is not arbitrary, then there is no reason to lift the veil by the Courts and see the reason for bringing the amendment. 15. The only obvious reason which could be inferred would be that since effective functioning of the Panchayat Samiti is necessary, therefore, an officer of the superior rank like Block Development Officers was thought to be made the Executive Officers in place of BPROs, who are non-gazetted officers. 16. We have also taken into account that the Bihar Panchayati Raj Officers have not been rendered jobless but have been assigned specific role in the effective functioning of the Panchayat. 17. 16. We have also taken into account that the Bihar Panchayati Raj Officers have not been rendered jobless but have been assigned specific role in the effective functioning of the Panchayat. 17. That apart, since the basic grounds on which the vires of an Act could be challenged are missing in the contention of the petitioners, we have no option but to reject it and uphold the constitutionality of amendment Act of 2023. 18. The writ petition stands disposed of accordingly. Partha Sarthy, J. -I agree