NAND KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The first writ-petition, in which the petitioner who is an Advocate of this Court and has appeared in person to perform democratic and Constitutional duties including the one contained in Part IX-A of the Constitution of India and thus, according to him it is not being run in accordance with the provisions of the Constitution. Accordingly, the petitioner has prayed for issuance of writ in the nature of a writ of mandamus commanding the Union Govt, to act in terms of Article 355 and/ or 356 of the Constitution of India to ensure that the Govt. of Bihar is run in accordance with the provisions of the Constitution and to issue a writ of prohibition or quo warranto or any other appropriate writ restraining and or commanding the special officer of Chapra Municipality (dissolved on 23-6-1995) (respondent No. 3) from acting and exercisin'g power in the said capacity after 22-12-1995, by which date the elections of the Municipal Commissioners of Chapra Municipality hereinafter referred to as 'the Municipality') were mandatorily due under the provisions of the Constitution of India.

(2.) The other two writ petitions have been filed by the outgoing Chairman and Vice-Chairman, respectively of the Municipality challenging the validity of the notification dated 23rd June, 1995 of the State Government, dissolving the Municipality on the ground of completion of its term of five years of elected Board of Commissioners and in its place appointing special Officer for the Municipality. The petitioner in the third writ petition claims to have authority of the Municipal Commissioner to challenge the validity of the aforementioned notification.

(3.) In short, the relevant facts, as borne out from the records of the three writ cases are that the petitioner of the first writ petition claims to be permanent resident of the area within the Municipality and also a voter of the Municipality and interested in administration of justice, rule of law and development of democratic institution and democracy in the country. The petitioners of the other two writ petitions claim to be duly elected as - Municipal Commissioner of the Municipality and/or on 7-4-1989 Municipal Commissioner had elected them as Chairman and Vice-Chairman, respectively and a notification to that effect was issued vide memo No. 154 dated 22-4-1989 by the District Magistrate, Saran. A photo copy of the said notification has been a nexed as annexure-'1' to the third writ petition.