LAWS(PAT)-1994-12-35

BIBHASH CHANDRA CHOUDHARY Vs. STATE OF BIHAR

Decided On December 15, 1994
BIBHASH CHANDRA CHOUDHARY Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) A petition was filed for extension of some time which was fixed by this Court for holding election of the municipalities.

(2.) In these cases, notifications issued by the State Government under Section 29(2) read with Section 386(1)(b) of the Bihar and Orissa Municipal Act, 1922 were challenged. By the aforesaid notification different ad hoc committees to look after the administration of the municipalities were constituted.

(3.) It was held that the Government had full authority to constitute such Committees. Therefore, there was no defect in the notifications whereby different ad hoc commitees were constituted by the State Government. But it was found that the term of duly constituted committees through electoral process had expired several years before. Therefore, it was considered that democratic process to conduct the election and constitute a body for administration of municipalities cannot be defeated or side-tracked for political consideration. The practice to substitute nominated members in place of elected representatives should be deprecated as far as possible.