Surendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13506 of 2022 ====================================================== 1.

Surendra Kumar Son of Late Ram Suresh Singh, resident of Village- Pahal Bigha, Police Station- Kako in the district of Jehanabad. 2.

Binod Kumar Singh, Son of Ram Swaroop Prasad Singh, resident of VillageKako, Police Station- Kako in the district of Jehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna. 2.

The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3.

The Deputy Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

4.

The Joint Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

5.

The Divisional Commissioner, Magadh Division, Gaya. 6.

The District Magistrate-cum- Collector, Jehanabad. 7.

The Senior Deputy Collector-cum- Additional Collector, Jehanabad. 8.

The Block Development Officer, Kako in the district of Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar, Advocate For the Respondent/s :

Mr.Yogendra Pd. Sinha (AAG 7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 16-09-2022 Heard learned counsel for the parties.

Petitioners have prayed for following reliefs:-

2/4

3/4 Notification for holding elections of Municipal Bodies has been issued by the State Election Commission, as such, present writ petition is not maintainable.

Article 243-ZG of Constitution Bars interference by Courts in electoral matters which reads as under:- Notwithstanding anything in this Constitution,- "(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243-ZA shall not be called in question in any Court;

(b) no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State."

Under Section 8 of the Municipal Act, State Government is empowered to include/exclude any area in municipal body after following due procedure as prescribed in Municipal Act.

Section 8 of Municipal Act, 2007 read as follows:- "8. Power to abolish or alter limits of municipal area.- The State Government may, by notification.- (a) withdraw any municipal area or part thereof from the operation of this Act, or (b) exclude from a municipal area any local area comprised therein and defined in the notification, or (c) include within a municipal area any local area contiguous to such municipal area and defined in the notification, or (d) divide any municipal area into two or more municipal area, or unite two or more contiguous municipal

4/4 area so as to constitute one municipal area, or (f) revise the boundary of two or more contiguous municipal areas:

Provided that the procedure laid down for the constitution of a municipal area under this Act shall be followed mutatis mutandis in each such case:

Provided further that the views of the Municipality affected by any such notification shall be invited by the State Government within such time as may be specified in the notification, and the State Government shall consider the views of the Municipality as aforesaid before a final declaration is made:

Provided also that no such notification shall be issued where any part of the municipal area or any neighbouring area is a cantonment or part of a cantonment, as defined in the Cantonment Act, 1924."

Accordingly, the writ petition is dismissed.

(Sanjay Karol, CJ) ( S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA