KAMAKHYA NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application, under Articles 226 and 227 of the Constitution of India, is for quashing the Notification No. 1406 dated 15-9-1979 constituting Ranchi Municipal Corporation and setting out its boundaries, Annexure-3, and Notification No. 1408 of the same date applying certain provisions of the Patna Municipal Corporation Act to the newly formed Ranchi Municipal Corporation, Annexure-1, and also the Notification No. 1532 dated 29th Oct., 1979 by which Hazari Ram Gupta, respondent No. 2, was appointed Administrator, Ranchi Municipal Corporation and also Executive Officer of the Joint Water Works Committee, Ranchi-Doranda, Annexure-2. Here it may be mentioned that subsequently a fresh notification was issued on 29-5-1980, after this writ application was admitted, and Guru Prasad Baidya Jyotishi, Executive Officer, was appointed as Chairman of the Joint Water Board in place of Hazari Ram Gupta.

(2.) In order to appreciate the points, which have been raised in this application, it will be necessary to state some facts. Under the Bihar and Orissa Municipal Act (hereinafter referred to be as the Municipal Act) two municipalities were functioning; one at Ranchi and the other at Doranda and a Joint Water Works Committee was constituted by the aforesaid municipalities under the provisions of the aforesaid Act and the petitioner was elected as Chairman. In 1975 there was an attempt to remove the petitioner from the post of Chairman and for that a resolution was passed by the Ranchi Municipality and the Executive Officer was made Chairman of the Water Works Committee. The petitioner challenged the same in C. W. J. C 920 of 1976 and the resolution of the Ranchi Municipality dated 6-11-1975 was quashed. On 24th April, 1978 the Governor of Bihar promulgated an Ordinance, Bihar Ordinance (35 of 1978) (The Bihar Municipal Corporations Ordinance, 1978) which gave power to the State Government to constitute a Corporation in any city having a population of two lacs or more. The said Ordinance was followed by an Act, Bihar Municipal Corporations Act, 1978 (Bihar Act 12 of 1978). On 15-9-1979 there was a notification under Section 2 (1) read with Section 1 (2) and (3) of the Corporation Act establishing Ranchi Municipal Corporation comprising the area falling within Ranchi and Doranda Municipalities and also adding Jagannathpur area. The boundaries of the said Corporation were mentioned in the aforesaid notification, a copy of the same has been filed along with this application, marked as Annexure-3. On the same day there was another notification adopting, restricting and modifying certain provisions of Patna Municipal Corporation Act to the newly created corporation, a copy of the said notification has been filed and marked Annexure-1. Thereafter, by another notification dated 29-10-1979 in exercise of powers conferred under Section 546 of the Patna Corporation Act Hazari Ram Gupta, Administrator, was appointed as the Executive Officer of the Joint Water Board, Ranchi and Doranda, a copy of the same has been filed as Annexure-2. By another notification in place of Hazari Ram Gupta, Sri Guru Prasad Baidya Jyotshi was appointed, a copy of the same has been filed as Annexure-2A, and this was stayed. The petitioner has challenged the aforesaid notifications on various grounds.

(3.) Counter-affidavits have been filed on behalf of the State and respondent No. 2 and also reply thereto denying the assertions made in the petition and justifying the action of the State Government in establishing a Corporation at Ranchi comprising of Ranchi and Doranda Municipalities and also including Jagannathpur area in its fold. In the counter-affidavit of the State it has been asserted that according to the census reports of the year 1971 the population of the area included in Ranchi Corporation is as follows : <FRM>JUDGEMENT_236_AIR(PAT)_1981Html1.htm</FRM> It has also been stated that Jagannathpur area is actually the area of Heavy Engineering Corporation and this area has been included in the Corporation for administrative convenience. Further it has been stated that prior to the establishment of Ranchi Municipal Corporation, as contained in Annex.-3, Notification No. 1106 was issued on 27th February, 1979 inviting objections within six weeks regarding formation of Ranchi Municipal Corporation and copy of the same was sent to all concerned. A copy of the aforesaid notification has been filed as Annex.-M. It has further been stated that no objection was received and, thereafter, the Corporation was established.