AHIIYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS petition has been filed by no other person than a Ward Counsellor of Mahnar Nagar Panchayat, district Vaishali. She contends that she has been duly authorised by the Chairman of the Nagar Panchayat to bring this public interest litigation to bring this public interest litigation to the High Court.

(2.) THE issue raised in the petition is on where exactly the bus stand would be located within the Nagar Panchayat. Its present site is opposed by the Chairman of the Nagar Panchayat and, thus, the present writ petition as a Public Interest Litigation.

(3.) THE Court is not making any comment on this aspect neither the transport department nor the Collector of the district are before the Court, at present, But, where a bus stand, as a public utility service, will be located is without doubt an aspect in which the Nagar Panchayat is entitled to express its views which the authorities are obliged to consider. If the High Court were to interfere at the slightest opportunity every time, the elected members of the local bodies find the atmosphere on homeground a little difficult, it would not be conducive to the working of the local self government. The State authorities also have to recognise the aspects on which local bodies are entitled to participate in matters of planning. The only constraint of the local bodies will be that they cannot violate the law; neither can State respondents. This is a matter which should be discussed within the Nagar Panchayat first so that the members can place their views on record and convey them to the State respondents.