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1978 Supreme(Pat) 101

K.B.N.SINGH, P.S.SAHAY, M.P.SINGH, SHAMBHU PRASAD SINGH, HARI LAL AGRAWAL
Krishna Prasad Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

K.B.N.SINGH, J.

1. The petitioners in the twelve writ applications have challenged the vires of the Bihar Municipal (Amendment) Ordinance, 1978 (hereinafter to be referred to as "the Ordinance"), and, with consent of the parties, they have been heard together and are being disposed of by this common order. The main attack is on S. 4 of the said Ordinance, by virtue of which, on promulgation of the Ordinance on the 16th February, 1978, the members and office bearers of all the Notified Area Committees, including the petitioners, ceased to hold their respective offices.

2. The petitioners in all these writ applications are members and office bearers of twelve Notified Area Committees, namely, (1) Futwah, (2) Kasha, (3) Masaurhi, (4) Janakpur, (5) Dumra, (6) Behea, (7) Narkatiaganj, (8) Rajgir, (9) Mahnar, (10), Dalsingsarai, (11) Hussainibad and (12) Hilsa. The Notified Area Committees were established for the aforesaid places by notifications issued from time to time under S. 388 of the Bihar and Orissa Municipal Act (hereinafter referred to as "the Act") by the State Government. Some of them are old ones having been established as early as in 1937, such as, Dumra Notified A



















































































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