The judgment emphasizes the constitutional mandate for local self-government institutions and highlights the interference of bureaucracy in the absence of these institutions.

1. Absence of institutions of self Government has harmed the people of Bihar. Today the Court is not going into any details. The people of Bihar seem to be losing every valuable grant meant basically for the planning at the grass root level. It is now important to take notice of the fact that grants between 1995- 2000 for utilisation by institutions of local self Government have already gone into jeopardy. There is every likelihood that this might happen again in the future if total local self Government is not returned to Bihar. No one can say that people are not concerned or should not show their concern.

2. The Court is equally concerned that while the Constitution of India mandates a four level democracy, Bihar has for two decades functioned with only two, without panchayats until recently, and municipalities even now are without their elected representatives. In no uncertain terms the Constitution of India refers to these institutions of municipalities and panchayats as institutions of "self Government".

3. In the working of the Government there are three institutions which constitute it. These are : the executive, the legislature and the judiciary. In so far as the last institution is concerned that is the judiciary it has nothing to do with the absence of local self Government not being present in Bihar except showing concern on its non-availability. The legislature has enacted the law to take the institutions of local self Government further and provided for it. Then why are these institutions absent? So far as the executive is concerned it can be bifurcated into two identities. One is politics and the other is the bureaucracy. Then there is another factor which for one reason or the other, within politics itself, brought litigation to bog down institutions of local self Government in its working. Whether to challenge a legislation which provided for local self Government or a legislation which arranged to supersede local self Government, such contradictions also exist within politics. The net result- Bihar was deprived of total democracy.

4. If the stock taking is to be taken in the context of municipalities, then, as of date the debit would overtake the credit. The debit is that every municipality stands superseded. Thus, there is no credit that the institutions which be the municipalities are not functioning as institutions of self Government. For every municipality which has been superseded there is a bureaucrat sitting on it known as the administrator. Today, the reading is that he is not amenable to let go his power so that the elected representatives could replace him. Such an impression must not out to the pepoie of Bihar that politics arranged for the suppression of institutions of self Government and the bureaucracy readily cashed in on the opportunity to sit as administrators on superseded municipalities. In the case of panchayats it was Block Development Officer. Some body has to give an answer that if the Constitution of India was amended 7 years ago why do not the administrators let go their power? This is the issue before the High Court.

5. Ultimately, if the stock inventory in politics is taken the record shows that Bihar has lost out one thousand crores rupees of grants meant for institutions of self Government i.e. the panchayats and the municipalities. Time after time the Government of India has been indicating to the State of Bihar that these grants will not be available unless the institutions which represents self Government are returned to power.

6. In the circumstances, the Court does not appreciate why it is taking so much time to take the municipalities into elections. No doubt a municipality is a statutory body but it is meant to be a corporate body with elected representatives (sic and) not a body which is known as a corporation-sole with an administrator sitting on it. Of course, the mukhiya of a panchayat or a municipal councillor will make a dent in matters local and for and of th