Heard learned counsel for the petitioner and State.

2. In terms of judgment dated 16.03.2017, though the writ petition had been disposed off but the Court had requested the Principal Secretary, Urban Development and Housing Department, Government of Bihar, to be present to assist it on the larger issues with regard to sphere/jurisdiction of the State Government, basically relating to posting of officers in the Urban Local Bodies keeping in view the fact that once they are so posted, they come under the administrative control of the Competent Body of the Urban Local Bodies. After detailed deliberations, Mr. Chaitanya Prasad, the Principal Secretary has informed the Court that the issue has been given due consideration and legal opinion also taken in the matter and the Government is conscious of the fact that separate cadres of officers for these Urban Local Bodies is required to be formed, from which positing would be made to different Urban Local Bodies. He submitted that in fact cadres have been identified and now the process of formulating rules and regulations for constituting such cadres have to be deliberated and finally put into place. He further submitted that taking into consideration the overriding effect of Section 41 of the Bihar Municipal Act, 2007 (hereinafter referred to as the ‘Act’) the officers are being posted and the requirement relating to consultation with the Empowered Standing Committee of the Urban Local Bodies, seeking prior approval for such posting, the same is restricted to such posts, as may be prescribed under the regulations, which are yet to be formed and further, the same cannot act as a bar in the matter of posting of officers by the State Government directly and moreover the same may even not be practical. However, he submitted that since the proviso to Section 41 of the Act itself stipulates that either the Government suo motu or on the basis of a resolution seeking withdrawal of the concerned officers from the particular Urban Local Body, by two third majority of the total member of Councillors, the same is acted upon by the State Government giving due respect to such request. He submitted that there may be instances where there is a slip between the actual requirement of law and the action taken, but the same is not on account of any inherent lack of bona fide, but only due to the personal conduct of the officers concerned, and the same, as and when brought to the notice of the State Government, corrective measures are taken. He submitted that even from the legal opinion which has been obtained by the Government, it is felt that probably the relevant provisions may need further clarification but even, as of today, the same is workable and there can be a harmonious reading/interpretation of the various provisions without there being any requirement of judicial intervention. The Principal Secretary also assured the Court that in view of discussions which have taken place, whenever the Government comes out with any proposal, either in the formation of the cadres or with regard to making the statute more clear, it would undertake the exercise keeping in focus the independence of the Urban Local Bodies, as mandated by the Constitution of India.

3. The Court appreciates such positive stand taken on behalf of the Government by the Principal Secretary and hopes and trusts that the same would be put into action so that a clear message goes that devolution of power, as contemplated by the Constitution of India, actually reaches, in practical terms, such Urban Local Bodies and they are allowed to function without interference, especially from the officers who may be posted by the State Government, as well as the officers/staff who are under the Urban Local Bodies themselves. The Court would also observe in this regard that as the law contemplates and which even the Principal Secretary has fairly accepted before the Court, once the officer concerned is posted, may be by the State Government, to t