1. The petitioners, in these writ applications, have challenged the Govts notification dated 26.5.2009 by which Purnea Municipal Council has been reconstituted by addition of six Gram Panchayats, consequence whereof being that the population now exceeds two lakhs , it is converted into Purnea Municipal Corporation. Thus, conversion of Municipal Council to Municipal Corporation is the challenge.

2. State has filed a counter affidavit. Several interveners have intervened. Some have sought to support the petitioners and some have sought to oppose the petitioners. Interventions are allowed.

3. The moot question is whether exercise, as done by the State Government, is correct in law or not ?

4. Heard all the parties and with their consent the writ applications are being disposed of at this stage itself.

5. Mr. S.B.K.Manglam and Mr. Mahendra Prasad Gupta appearing for the petitioners in support of the writ petitions submit that the exercise, as conducted by the Government, is vitiated in fact and in law.

6. In substance, the action of the State Government purporting to be an action under Section 8 of the Bihar Municipal Act, 2007 in taking six Gram Panchayats and adding it to the existing area of Purnea Municipal Council and then declaring the whole area to be Purnea Municipal Corporation is challenge. The legality and proprietary of such an action is, in question.

7. Having considered the matter, in my view, for the reasons indicated hereafter, the writ petition must succeed and the action of the State must be quashed.

8. By Constitution 73rd and 74th Amendment Acts, 1992, with effect from 1.6.1993, the Constitution was amended, part IX and Part IX A to the Constitution was introduced. Part IX dealt with Panchayat and Part IX A dealt with Municipality. These two are now constitutionally established and recognized system of local self government. On close analysis of the provision of Part IX relating to Panchayat would show that Panchayats are in relation to villages or group of villages with powers, which could be confened on them in relation to -matters, as mentioned in Schedule XI of the Constitution. When we come to Part IX A or the Constitution, which deals with Municipality in form of local self government, a reference to the provision therein, specially Article 243- Q, would show that Municipalities are to be constituted for urban area where there is pre dominance of non agricultural activities. The power authority and responsibility of Municipality are with reference to matters enumerated in Schedule XII of the Constitution. Thus, seen it would be evident that municipality covers urban or urbanized area leaving rural area for Panchayat.

9. A reference to the aforesaid two Parts of the Constitution would show that Constitution by itself does not specifically define as to what would be a Panchayat or a Municipality but clearly indicates (Article 243-B) that there would e Panchayats at village, intermediate and district levels as per law made by the State and wherever required the population bases has to be taken as per last census [Article 243(f) ]. When we come to Part IXA, municipality the population, as per last census is to be taken into account wherever necessary and is accordingly provided in Article 243-P(g). Article 243Q provides for three tiers system of municipality. The smallest being transitional area from rural to urban area [Art. 243Q(1)(a)], which is referred to as the Nagar Panchayat. Then we have the smaller urban area, the Municipal Council and then the larger urban area, the Municipality Corporation.

10. Thus, seen there is six tiers self government institutions ascending from, village Panchayat, intermediate Panchayat to district level Panchayats under Part IX of the Constitution and then municipality in the shape of Nagar Panchayat, the transitional area, then the Municipal Council followed by the Municipal Corporation under Part IXA of the" Constitution. The first three are basically rural and la