MOHD WASI AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the writ petition the prayer is for quashing of the Notification No. 4314 dated 7-12-1992 (Annexure 1) whereby, in exercise of the power under Section 386 of the Bihar and Orissa Municipal Act, 1992 an Ad hoc Committee was constituted for managing the adnvnistration and functioning of the Munger Municipality.

(2.) The short facts are that the petitioners were elected as Municipal Commissioners of the said Municipality in the year 1983 for five years, which they completed on 10-9-1988. Before expiry of their tenure, the Joint Secretary in the Urban Development vide letter contained in memo No. 1928 dated 27-4-1988 communicated th Government decision to all the Divisional Commissioners and District Magistrates to commence the election process under the Bihar Municipal Corporetion and Election Petition Rules. 1953 soon, so that where the tenure of 5 years in Municipalities were going to be completed, the elections are completed in time, while attaching a list of such Municipalities, which included the name of the Munger Municipality, the Divisional Commissioner and the District Magistrate were requested to take immediate steps in regard to the above from their level by issuing an order to such Municipalities and also to inform the Government about the action taken. A Xerox copy of the said letter has been Annexure 2.

(3.) In reply to the said letter the District Magistrate, Munger vide Annexure 3 informed the Joint Secretary that the Executive Officers of the Municipality in his report dated 6-7-1988 has reported that there is no proposal for extension of the area and reconstitufion of the ward in the said Municipality and accordingly he requested for taking action under the aforesaid Rules and further to intimate the date for holding of election soon. Curiously enough instead of taking steps in the direction for holding of election of the Mid Municipality the Deputy Secretary to the Government of Bihar in the Urban Development Department (respondent No. 3) vide letter dated 24-11-1988 issued a show cause notice to the Municipal Commissioner to show cause within fiften days as to why the said Municipality should not be superseded with the threat that failing there of the Government will take ex pane decision in the matter The petitioner No. 2 along with the then Chairman of the Municipality Sri Ganesh Prasad Sharama filed a writ petition bearing C. W J. C. No. 189 of 1989 in this Court praying for quashing of the aforesaid notice. The said writ petition was beard by a Division Bench comprising of Hon'ble the then Acting Chief Justice and Hon'ble Mr. Justice S. Hoda on 29-3-1989 and their'lordships passed the following orders :