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(v) Whether Jharkhand Panchayat Raj Act, 2001, as amended from time to time, is applicable in scheduled areas, including 'Kolhan areas' and Godda, in particular, and Santhal Parganas and Chhotanagpur Division, in general ?
(vi) Whether Scheduled Areas (States of Bihar, Gujarat, Madhya Pradesh and Orissa) Order, 1977, so far it relates to scheduled areas of Jharkhand State, is illegal and bad in law?

Short history of Panchayat Election and Act in the Areas, in question :

12. One 'Bihar Panchayat Raj Act, 1947' was enforced in the combined State of Bihar, including its scheduled areas. It was amended by 'Bihar Panchayat Raj (Amendment) Ordinance, 1987', whereby, reservation of seats of Panchayat was introduced. By Sections 2 and 3 of amended Ordinance, 1987, Sections 10 and 11 of Bihar Panchayat Raj Act, 1947 were amended. For the first time, the seats of Chairpersons (Mukhiya etc) were reserved. A Full Bench of Patna High Court in the case of Janardan Paswan v. State of Bihar, repprted in while held that solitary seat of Chairperson (Mukhiya etc.) can not be reserved, held the amended Sections, as aforesaid, unconstitutional.

25. In exercise of powers, conferred by Sub-paragraph (i) of Paragraph 6 of the Fifth Schedule to the Constitution of India, the President of India made an order in the year, 1950, known as The Scheduled Area (Part A States) Order, 1950'. In the then combined State of Bihar Ranchi district, Singhbhum district, excluding Dalbhum sub-division, Santhal Pargana district, excluding Godda and Deoghar sub-divisions and Latehar sub-division of Palamau district were declared to be the scheduled areas vide notification, published on 26th January, 1950. All the aforesaid districts and sub-divisions now fall within the territory of Jharkhand. In exercise of power, conferred by sub-paragraph (ii) of paragraph 6 of the Fifth Schedule, the President while rescinded 'The scheduled area (Part A States) Order, 1950', so far it relates to the then combined State of Bihar and some other States, was pleased to make an order, known as The Scheduled Areas (State of Bihar Gujarat, Madhya Pradesh and Orissa) Order, 1977'. By the said Order, Ranchi district; Singhbhum district; Latehar subdivision; and Bhandaria block of Garhwa sub-division in Palamau district; Dumka; Pakur; Rajmahal and Jamatra sub-divisions and Sundarpahari and Boarijor blocks of Godda sub-divisions in Santhal Pargana district were shown as scheduled areas of the then combined State of Bihar, all of which now fall within the territory of Jharkhand.

37. The Scheduled Areas (States of Chhatisgarh, Jharkhand and Madhya Pradesh) Order, 2003, shows that only blocks of certain district, altogether 14 districts, have been declared as scheduled areas of the State of Jharkhand. From the said Order, it will be evident that the population of scheduled tribes in eight of the districts, namely, Dhanbad, Koderma, Giridih, Hazaribagh, Deoghar, Chatra, Bokaro and Palamau, being less or negligible, none of these districts nor any of the blocks of these districts has been declared as scheduled areas. Out of fourteen districts block of which have been declared as scheduled areas, in the district of Garhwa, only one block has been declared scheduled area and rest of the blocks have not been declared scheduled areas, population of Scheduled Tribe being less or negligible. Similarly only two blocks of Godda district, four blocks of Jamtara district and six blocks of each of the districts of Dumka and Pakur have been declared as scheduled areas. Rest of blocks of these districts, such as, Garhwa, Dumka, Jamtara, Pakur and Godda have not been declared as scheduled areas, population of Scheduled Tribe being less or negligible in other blocks. Therefore, it cannot be stated that the Scheduled Areas (States of Chhatisgarh, Jharkhand and Madhya Pradesh) Order, 2003 is not based on the date of Scheduled Tribe population.

65. This apart, from Scheduled Districts Act, 1874 (Act XTV of 1878) it will be evident that even during the British period one or other district, such as, Santhal Pargana and Chhutia Nagpur of the then Bengal (now in Jharkhand) were declared scheduled districts. Individual blocks were not declared as scheduled areas but a district in whole. This situation also continued even after indepedence. When Scheduled Area (Part A States) Order, 1950 was issued, only Ranchi district, Singhbum District (excluding Godda and Deoghar Sub-divisions) and Latehar Sub-division within Palamau district were declared scheduled areas. By Scheduled Areas (States of Bihar, Gujarat, Madhya Pradesh and Orissa) Order, 1977 again the scheduled areas were shown mainly district-wise, such as, Ranchi district Singhbhum district, Latehar Sub-division (now Latehar district), Bhandaria block of Garhwa Sub-division, Dumka (now a district), Rajmahal and Jamtara (now districts) Sub- divisions and Sundarpahari and Boijor blocks of Godda Sub- division of then Santhal Pargana district. For the first time, certain blocks were shown and included in the scheduled areas.