MANISH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since the core issue involved in all these applications is identical, they have been heard together with the consent of learned counsel for the parties and are being disposed of by the present common judgment and order.

(2.) We have heard Mr. Shri Prakash Shrivastava, learned counsel for the petitioners in all these cases, Mr. Rajiv Roy, learned GP-1, Mr. Subash Prasad Singh, learned GA-3, Mr. Kinkar Kumar, learned SC-9 for the State of Bihar and Mr. Sanjeev Nikesh and Mr. Girish Pandey, learned counsel for the State Election Commission.

(3.) Petitioners of CWJC No. 17637 of 2021 claim to be duly elected Ward Councillors of Nagar Panchayat, Rajgir from Ward No. 18 and 5. They further claim to be the duly elected Chairperson of the said Nagar Panchayat. In exercise of power under Sec. 3(1)(a), 4, 5, 6, and 8 of Bihar Municipal Act, 2007 dtd. 3/3/2021, the said Nagar Panchayayat Rajgir has been upgraded as Nagar Parishad, Rajgir. It is the petitioners' case that election of Nagar Panchayat, Rajgir was held in the year 2017 and its first meeting was convened on 9/6/2017. It is their case that by virtue of Article 243-U read with Ss. 16 and 35 of the Act, the term and tenure of elected office bearers of Nagar Panchayat, Rajgir should continue up to 9/6/2022. However, by erroneously applying Sec. 12(8) of the Act, the term and tenure of Nagar Panchayat, Rajgir is being shortened to 3/9/2021 i.e. upon completion of six months from the date of notification, by the respondents.