PROFESSOR RABINDRA NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the writ petitions have been filed for quashing the notification of the Slate Government dated 8.9.1998 issued in exercise of its power under Sec. 29 of the Bihar Municipal (Amendment) Act, 1994 whereby and where under the Jamshedpur Notified Area Committee was dissolved with immediate effect with a direction to the District Magistrate to depute a responsible officer under him to look after the day -to -day function of the Notified Area Committee.

(2.) UNDISPUTEDLY , until the date of the above mentioned notification of the State Government functions of the Jamshedpur Notified Area Committee was being looked after by the duly -elected/nominated members of the said committee under the provisions of The Bihar Municipal Act, 1922, term of which expired on 11.3.1997 on completion of a period office years. It would be relevant to mention that extensive amendments were carried out in the Municipal Act, 1922 by Bihar Ordinance No. 13 of 1994 which was later substituted by Bihar Act 2 of 1995 (hereinafter referred to as the Act). The provisions of the Act, as they now stand, contemplate automatic cessation of the terms of the office of the elected Chairman, Commissioners, etc, of the duly constituted municipalities or the notified area committee, as the case may be.

(3.) AS per Sec. 29 of the unamended Act, 1922, elected commissioners are to hold office for five years commencing from the date of the general election of the commissioners of the municipality and Chairman, whether elected or appointed. On 1.6.1993, the Constitutional 74th Amendment came into effect and the provisions relating to constitution of the municipalities in the State were incorporated in Part IX -A of the Constitution. The Bihar & Orissa Municipal Act also having regard to the command of the amended provisions of the Constitution, was amended accordingly. Because in view of Articles 243Q and 243ZF of the Constitutional amendment, the State Government was required to amend its respective laws in tune with the Constitutional amendment within a period of one year.