RAM KISHORE PRASAD Vs. STATE

JUDGEMENT

(1.) By this writ application filed by the Secretary, Free Legal Aid Clinic, Ranchi, the petitioner prayed for a writ of mandamus directing the respondents to conduct and hold the election of the Ranchi Municipal Corporation, which has not been done since it came into existence from 15-9-79. On request made by the petitioner, Sri B.B. Sinha, Advocate appeared as Amicus curiae and Sri P.K. Sinha, Advocate, who appeared as an intervenor, also rendered assistance to the Court.

(2.) Ranchi Municipal Corporation was established and constituted under the Bihar Municipal Corporation Act (Bihar Act 12 of 1978). By Govt, notification No. S.O. 1408, dt. 15-9-79, the provisions of the Patna Municipal Corporation Act 1951 (Bihar Act 13 of 1952) was made applicable to the Ranchi Municipal Corporation.

(3.) Before the establishment of the Corporation, two municipalities were functioning under the Bihar and Orissa Municipal Act 1922, one at Ranchi and the other at Doranda. Under S.29 of the Bihar and Orissa Municipal Act 1922, the last election of the Ranchi Municipality was held sometimes in the year 1964. In accordance with the provisions of the Municipal Act, the elected Commissioners were to hold office for five years commencing from the date of the general election of the Commissioners in the Municipality, Likewise, the Chairman, Vice-Chairman and the President were to hold office for five years. Admittedly, since the last general election of the municipality in the year 1964, the municipal election was never held and it came to be superseded on 30-4-77, Even after its supersession in April 1977, no election was held and on 15-9-79 the Corporation was established and constituted.