SURENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed for an appropriate writ/order/ direction, commanding the respondents to hold the election of the Municipal Commissioners of different Wards of the Daltonganj Municipality forthwith and until holding such elections, the outgoing Municipal Board be allowed to function till the constitution and the first meeting of the newly elected commissioners. Prayer has also been made to restrain the respondent authorities from interfering in any manner with the day-to-day functionings of the Municipal commissioners until the fresh election is held. It would be relevant to mention that this writ petition was although heard with C.W.J.C. 3089 of 1998 (R) and C.W.J.C. No. 3061 of 1998 (R) (reported in 2000 (2) BLJR 1352) for sake of convenience it is disposed of separately.

(2.) It would appear from the materials on record that the election of the Commissioners of Daltonganj Municipality was conducted on 31-5-1993 in terms of unamended provisions of the Bihar and Orissa Municipal Act, 1922. As per S. 29 of the said Act, elected Commissioners were entitled to hold office for a period of five years commencing from the date of general election of the Commissioners of the Municipality, whether elected or appointed.

(3.) From the counter affidavit filed by the Chief Executive Officer/Special Officer of the Municipality, it appears that after expiry of the terms of Municipality, the Deputy Commissioner by his letter dated 28-5-1998, as contained in Annexure-A, had requested the Commissioner, Urban Development, Government of Bihar, for immediate dissolution of the Committee since several irregularities, both financial and administrative were being committed which would be evident from Annexures B, C, E, F and G to the counter-affidavit. Learned State counsel, therefore, contended that having regard to the facts, as noticed above, and that apart since the Municipality has already completed its full term, there is no merit in this case.