The notification (annexure 1) is not ultra vires but intra vires the Corporation Act.

V.Mishra, J.

1. These are applications under Articles 226 and 227 of the Constitution of India for quashing Annexure 1 which is copy of a notification declaring constitution of municipal corporation at Muzaffarpur and also for quashing the order appointing Sri Madan Mohan Jha respondent No. 7 as Administrator of the Municipal Corporation (copy of order not annexed). Since the reliefs sought in both the applications are the same, they have been heard together.

2. The petitioners of C. W. J. C. No. 1324 of 1981 are the Chairman and the Commissioners of the erstwhile Muzaffarpur Municipality. Through a petition filed on 11-5-1981. 19 persons came to intervene out of whom 9 are Mukhiyas and 6 are surpanchas of some of the Gram Panchayats which have been included within the limits of the porporation. There is also one punch of a Gram Panchayat. Petitioners Nos. 16 and 17 are the Secretary and General Secretary of the Taxation Bar Association, Muzaffarpur, petitioner No. 18 is the General Secretary of the Bar Association, Muzaffarpur and petitioner No 19 is the Convenor of Sawami Sahajanand Saraswati Smarak Samiti. They also support the original petitioners. On the date of the admission of the application itself a caveat was filed by 9 persons of whom caveator No. 9 ultimately backed out, They include the Vice-President of the Bar Association, Muzaffarpur, Chairman Citizens Assistance Council, Secretary District (Cong. I) Committee, Chairman, Town Congress Committee, two Mukhiyas and two villagers. They oppose the application. The petitioners of C. W. J. C. No. 1391 of 1981 are two Mukhiyas of Gram Panchayats. Their case is also same as of the petitioners of the other case. Amongst the respondents, apart from State of Bihar and certain officers, Dr. Jagannath Mishra, Chief Minister of Bihar and Sri Ramesh Jha, Urban Development Minister, Government of Bihar have been specially named. There are certain allegations of malice against the Chief Minister.

3. The notification (annexure 1) dated 16-4-81 has been issued by respondent No. 1 (State of Bihar) in exercise of powers under Sec.2 of the Bihar Municipal Corporations Act (Bihar Act 12 of 1978) (hereinafter referred to as the Corporation Act). This is a general Act under which a municipal corporation can be established in any city. According to Sub-section (3) of Sec.1, it can come into force in any city having a population of 2 lakhs or more. Sec.2 of the said Act authorises the State Government to include in the corporation any area of a municipality or notified area committee, or any other areas as may be specified in the notification. The last census records the population of Muzaffarpur Municipality as 1,89,765, which is less than 2 lakhs. Hence in order to make up the population, the State Government included some suburbs of the city in which Gram Panchayats existed from before. The total population of the corporation thus records more than 2 lakhs. Annexure 1 (the notification) gives the boundaries of the additional areas included within the Municipal Corporation.

4. Before issuing the said notification an enquiry was made from the Commissioner of Muzaffarpur in this regard. Annexure 3 is the copy of the letter dated 14th April, 1981, written by the Deputy Secretary of the Urban Development and Housing Department to the Commissioner of Muzaffarpur. The letter says that there is a proposal to upgrade the Muzaffarpur Municipality but the same can be done only if its population be 2 lakhs or more. Hence the population of Muzaffarpur Municipality was required from him. He was further told for considering if the corporation could be constituted only of the area within the Muzaffarpur Municipality or it would be necessary to include some other areas which might have assumed urban character. A map of the proposed corporation area was also required. Annexure 4 is the copy of the reply of the Commissioner dated 9-4-1981 giving the population of Muzaffarpur Municipality as one l