ESTIMATE COMMITTEE OF BIHAR LEGISLATIVE ASSEMBLY THROUGH CHAIRMAN Vs. STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) Challenging the order dated 10.10.2017 passed by thelearned single Judge in CWJC No. 5756 of 2017, the Estimate Committee of the Bihar Legislative Assembly (hereinafter referred to as "the Estimate Committee") has preferred this intra-court appeal. By the impugned order the learned Single Judge has been pleased to reject the preliminary objection raised by the Estimate Committee as to the bar of interference by the courts in view of the constitutional mandate engrafted under Article 212 of the Constitution of India. The writ petitioner, who happened to be the Chief Councillor of the Nagar Panchayat, Naubatpur, is respondent no. 5 in the present appeal.

(2.) We have heard Sri P.K. Shahi, learned Senior Advocate assisted by Sri Kaushal Kumar Singh, learned Advocate on behalf of the appellant and Mr. S.B.K. Mangalam, learned Advocate representing the writ petitioner respondent no. 5. The Writ Petition has been preferred seeking the following reliefs:-

(3.) Before the learned single Judge a preliminary objection was raised on behalf of the present appellant pointing out that in view of the constitutional bar created under Article 212 of the Constitution of India the challenge made to the 159th Report of the Estimate Committee containing certain recommendations to the 16th Bihar Legislative Assembly cannot be entertained by the Writ Court.