Patna High Court - Orders
Mayuri vs The State Of Bihar on 15 December, 2020
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7254 of 2020
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Mayuri
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Ms. Mayuri (In Person)
Mr. Kaustoobh Mani (Amicus Curiae)
For the Respondent/s : Mr. Lalit Kishore, AG
Mr. Anjani Kumar, AAG-4
Mr. Kumar Priyaranjan, Advocate
Mr. Vinay Kirti Singh, Advocate
Mr. Prasoon Sinha, Advocate
Mr. Anil Kumar, Advocate.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
8 15-12-2020Ms. Mayuri learned Advocate has raised a vital issue about the functioning of the Municipal Corporation, Patna. The focus is on financial autonomy.
By the Constitutional (Seventy-fourth Amendment Act), 1992, Part-IXA (Article 243-P to Article 243-ZG) was inserted in the Constitution of India. The Legislators, in their wisdom, by introducing the Articles, enabled the Municipal Bodies to have financial autonomy. The Finance Commission constituted under Article 243-I, (by virtue of Article 243Y) is to review the financial position of the Municipal Bodies and make a recommendation to His Excellency the Governor, of the Patna High Court CWJC No.7254 of 2020(8) dt.15-12-2020 2/5 principles required to be adopted for governing distribution, between the State and the Municipal Bodies, the net proceeds of the taxes, duties, tolls, and fees leviable by the State. Also, apportionment of the proceeds, allocated for different purposes.
In that direction, the 14th Finance Commission has made certain recommendations and allocated certain funds to enhance and improve the infrastructure within the Municipal limits of Patna Township, which, however, stands unimplemented, due to the non-release of the fund.
The petitioner alleges the Corporation has not only lost its financial autonomy but, in fact, for all practical purposes, started functioning as an authority, subservient to the State Government.
Illustratively, she invites attention to the non- consideration of request for revision of the rates of the Municipal Taxes fixed in the year 1993. Despite several reminders sent by the Corporation, the issue is still pending consideration with the Government.
Part-III, Chapter-IX of the Bihar Municipal Act, 2007, casts a statutory duty upon the Corporation and the State of not only ensuring effective and proper implementation of the Constitutional mandate of allocation of funds, based on the Patna High Court CWJC No.7254 of 2020(8) dt.15-12-2020 3/5 recommendation made by the State Finance Commission; the State render financial assistance to the Municipality; but also enable the Corporation to raise funds through various sources under different heads.
It appears that the Corporation is financially starved and stifled so as not to allow effective discharge of its duties, obligations, and functions within the ambit of the 2007 Act. We are surprised as to why thus far, the Government has not exercised its power under Chapter-VIII of the 2007 Act. Is it that the present arrangement of status-quo suits everyone? Is it that the key holder to the City-the Mayor and the Corporators have no voice? Is it that they never tried or failed to enforce their rights and exercise powers under the Act? Is it that they have chosen themselves to serve the Government rather than the people? or is it that they are not even aware of their Constitutional and statutory duties and powers? Is it that they have wilfully reconciled to the idea of making the residents of Patna town suffer endlessly for want of lack of proper infrastructure, be it of health, roads, drainage, sanitation? Who is maintaining the parks? Who is ensuring that the air quality of Patna city improves? Who is taking care of the garbage disposal system? Who is looking after the health and sanitation Patna High Court CWJC No.7254 of 2020(8) dt.15-12-2020 4/5 infrastructure and facilities in Patna township? Whether it is in place at all or requires improvisation is a different issue.
We are of the considered view that the functionaries and the authorities, both of the Municipal Body and the Government, need to revisit and re-look the statutory provision and ascertain the exact status of the affairs at the ground level. Together works out to ensure how soon and best the living conditions of a common man can be improved and effective systems put in place.
We need not remind the purpose and object of the Seventy-fourth Amendment being, inter alia, de-centralizing the powers and functions; provide autonomy and accountability to the Urban Self Governments at various levels. The principle of general public participation, at all levels, was also the noble and laudable object of de-centralization; introduce reforms in the financial management and accounting system.
In Patna, as is apparent from the affidavit of the Commissioner, Municipal Corporation, the meaning of financial management and autonomy appears only mercifully look up to the State, for the grants and not generate its resources or augment and enhance its internal capacity. The object and purpose of bringing professionalism in the work culture, in the Patna High Court CWJC No.7254 of 2020(8) dt.15-12-2020 5/5 discharge of the Corporation, to say the least, stands vanished in the mindset of the powers that be, currently managing the affairs.
It is in this backdrop, we direct the Municipal Commissioner, Patna Municipal Corporation to interact with the Mayor, and after consultation, file his personal affidavit indicating the steps taken for complying with the provisions of Part-III of Chapter-IX of the 2007 Act. The Municipal Commissioner shall also furnish information in a tabular form indicating the status of funds received from different sources concerning Financial Year 2019-2020 and 2020-2021, in terms of Chapter- IX of the 2007 Act. This, he must do positively within a period of one week.
List on 22nd of December, 2020.
(Sanjay Karol, CJ) ( S. Kumar, J) Amrendra/-
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