RANI KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sec. 8(c) of the Bihar Municipal Act, 2007 (in short 'the Act') confers upon the State Government power, inter alia, to include within a municipal area, any local area contiguous to such municipal area and defined in the notification. Ss. 3, 4, 5 and 6 of the Act deal with constitution of municipal areas. Sec. 7 of the Act deals with classification of municipalities which is not relevant for controversy at hand. The first proviso to Sec. 8 of the Act envisages that the procedure laid down for constitution of a municipal area under the Act (Ss. 3 to 6 of the Act) shall be followed mutatis mutandis in each such case.

(2.) Sec. 12 of the Act deals with constitution of municipality, sub-sec. (8) of which provides that in a municipal area newly constituted, the local authority, having jurisdiction over such area, immediately before such area was constituted in a municipal area, shall continue to have jurisdiction and perform its function till such time, not exceeding six months from the date of notification under Sec. 6 of the Act as may be necessary for holding elections. Sub-sec. (9) of Sec. 12 of the Act confers authority upon the State Government of Bihar to designate persons/person as Administrator of Board of Administrators as may be notified.

(3.) This is not in dispute that there existed a Nagar Parishad, Masaurhi. In exercise of power under Sec. 8(c) of the Act, certain panchayats have been included within the municipal area of Nagar Parishad, Masaurhi, with the issuance of a notification dtd. 3/3/2021 by the Urban Development and Housing Department, Government of Bihar, under Ss. 3(1)(a), 4, 5, 6 and 8 of the Act. After issuance of the said notification dtd. 3/3/2021, elections could not be held for the said Nagar Parishad. The State Government has come out with a notification dtd. 13/12/2021 in exercise of power under sub- Sec. (9) of Sec. 12 of the Act, appointing the District Magistrate of the concerned district or any Additional Collector authorized by him to be the Administrator of the said Nagar Parishad. The said notification dtd. 13/12/2021 is under challenge in the present writ application.