ABHA LATA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The challenge in the present writ application is to Bihar Municipal (Amendment) Act, 2016, whereby Bihar Municipal Act, 2007 was amended to insert proviso to Sec. 13. The proviso inserted reads as under:-

(2.) Sec. 13 of Bihar Municipal Act, 2007 contemplates composition of municipality and the number of the members thereof. The first proviso as incorporated in the Act, contemplates that the State Government shall determine the number of Councillors for each municipality before every election, by notification. The effect of the impugned amendment is that until such time, the figures of census for the year 2021 are published, it shall not be necessary for the State Government to re-determine the number of Wards on the basis of population in the Municipal area ascertained in 2011 Census.

(3.) We have heard learned Counsels for the parties and find no merit in the present writ application.