Patna High Court - Orders
Rita Devi & Anr vs The State Of Bihar & Ors on 21 August, 2013
Bench: Chief Justice, Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.932 of 2012
In
Civil Writ Jurisdiction Case No. 4890 of 2012
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1. Rita Devi W/O Manoj Kumar Gupta resident of village and Gram
Panchayat- Darwan, Police Station and Block- Mohania, District- Kaimur at
Bhabhua
2. Usha Devi, W/O Gupteshwar Kanu resident of village, Post Office,
Police Station and Block- Mohania, District- Kaimur At Bhabhua
.... .... Petitioners/Appellants
Versus
1. The State of Bihar
2. The Principal Secretary, Department of Urban Development & Housing,
Government of Bihar, Patna
3. The Joint Secretary, Department of Urban Development & Housing,
Government of Bihar, Patna
4. The Special Secretary, the Department of Urban Development &
Housing, Government of Bihar, Patna
5. The Commissioner, Patna Division, Patna
6. The District Magistrate, Kaimur at Bhabhua
7. The District Panchayat Officer - Kaimur at Bhabhua
8. The Sub-Divisional Officer, Mohania, District- Kaimur at Bhabhua
9. The Block Development Officer, Mohania, District- Kaimur at Bhabhua
10. The Secretary, State Election Commission, Bihar, Soan Bhawan, Patna
.... .... Respondents/ Respondents
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Appearance :
For the Appellants : Mr. Jitendra Kumar Roy, Advocate.
For the State : Mr. Manoj Kr. Ambashta, G.P. 14
Mr. Balram Kapre, AC to G.P. 14
For the Election Commission: Me. Amit Shrivastava, Advocate.
Mr. Girish Pandey, Advocate.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
2 Patna High Court LPA No.932 of 2012 (4) dt.21-08-2013
2/4
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 21-08-2013Feeling aggrieved by the order dated 13th April 2012 made by the learned single Judge in CWJC No. 4890 of 2012, the writ petitioners have preferred this Appeal under Clause 10 of the Letters Patent.
The matter at dispute is the Government Notification dated 12th January 2010 issued in exercise of Section 6 of the Bihar Municipal Act, 2007 (hereinafter referred to as „the Act‟). Under the impugned Notification, the State Government has constituted Mohania Nagar Panchayat by consolidation of the revenue areas of five Gram Panchayats.
The appellant No. 1 before us claims to be the elected Mukhia of the Gram Panchayat -Darwan and the appellant no. 2 claims to be the elected Mukhia of Mohania Gram Panchayat.
The appellants challenged the above referred Notification dated 12th January 2010 on the premise that the area in question is predominantly agricultural area and that the objection lodged by the appellants were not considered by the respondents.
The petition was contested by the State Government. According to the State Government, a proper enquiry was conducted. The District Magistrate, Kaimur, Bhabhua had made a report in respect of the population, commercial activities, civic amenities, etc. The State Government, having been satisfied, had declared the area in question to be a Nagar Panchayat. The State Government has categorically denied that the appellants had lodged objection within the statutory period. In the above facts, the learned single Judge has dismissed the writ petition. Therefore, 3 Patna High Court LPA No.932 of 2012 (4) dt.21-08-2013 3/4 this Appeal.
Learned advocate Mr. Jitendra Kumar Roy has appeared for the appellants. He has relied upon the last Census and has submitted that the Gram Panchayat could not have been declared to be a Nagar Panchayat. He has also submitted that the population is predominantly agriculturists and major part of the area is agricultural area. He has also submitted that after the impugned Notification, the Gram Panchayats conducted their elections and the appellants had been declared as Mukhias of the concerned Gram Panchayats. Therefore also, the decision to constitute a Nagar Panchayat is not sustainable.
Mr. Jitendra Kumar Roy is unable to prove that the objection raised by the appellants was furnished to the concerned officer, the District Magistrate within 30 days from the date of the Notification. In absence of proof of lodging of the objection within specified period, the Notification cannot be vitiated on the ground of non-consideration of such objection. As to the population and the nature of activities carried out in the area in question, the report of the District Magistrate is explicit. No further discussion is required.
If at all the appellants are elected to be Mukhias of the concerned Gram Panchayats after the date of the Notification, their election is of no consequence. Once the area is declared to be a Nagar Panchayat, it would be governed by the relevant provisions of the Bihar Municipal Act, 2007. Section 488 of the said Act provides for "Repeal and Savings". Sub-section (2) thereof specifically provides that such Gram Panchayats shall not exercise power and functions as have been entrusted to the Municipality under the Act. The consequences thereof are found 4 Patna High Court LPA No.932 of 2012 (4) dt.21-08-2013 4/4 in Sub-section (4) of Section 488 of the Act.
For the aforesaid reasons, we see no merit in this Appeal. Appeal is dismissed in limine.
We are informed at the bar that the election of Mohania Nagar Panchayat had been held in May 2012. The Nagar Panchayat has been elected and has become functional.
(R.M. Doshit, CJ)
Sujit/- (Ashwani Kumar Singh, J)