The duration of local authorities' jurisdiction over newly constituted municipal areas and the dissolution of municipalities as per the provisions of the Bihar Municipal Act, 2007 and the Constitution of India.

JUDGMENT :

MADHURESH PRASAD, J.

1. The consequence of constitution of new municipal area within the meaning of Section 2(59) read with Section 6 of the Bihar Municipal Act, 2007 (Act in short) apropos jurisdiction of the local authority over such area immediately before constitution of such area after lapse of six months, by operation of Section 12(8) of the Act is the primordial issue, which these three writ applications involve. Competence of the State Government to designate an ‘Administrator’ in place of ‘Board of Administrators’ in exercise of power under Section 12(9) of the Act is another issue, which the petitioners have raised in the present batch of cases.

2. As all these matters involve identical legal issues and are founded on similar set of facts, with the consent of the parties, they have been heard together and are being disposed of by the present common judgment and order.

3. We have heard Mr. P.K. Sahi and Mr. Sanjay Singh, learned Senior Counsel and Mr. S.B.K. Mangalam, learned Counsel for the petitioners, Mr. Subhash Prasad Singh, learned GA-3 representing the State of Bihar and Mr. Girish Pandey and Mr. Sanjeev Nikesh, learned counsel for the State Election Commission.

4. Keeping in view the nature of controversy and the submissions, which have been advanced on behalf of the parties, it has been considered apt to notice at the very outset sub-sections (8) and (9) of Section 12 of the Act and Article 243U of the Constitution of India:

Section 12(8) and Section 12(9) of the Act

“12. (8) In a municipal area newly constituted, the local authority having jurisdiction over such area immediately before such area was constituted as a municipal area, shall continue to have jurisdiction and to perform its functions till such time, not exceeding six months from the date of the notification under Section 6, as may be necessary for holding elections.

(9) If, for any reason, it is not possible to hold the general election of a Municipality before the expiry of the period of five years specified in sub-section (5), the Municipality shall stand dissolved on the expiration of the said period, and all the powers and functions vested in the municipal authorities under this Act or under any other law for the time being in force shall be exercised or performed, as the case may be, by such person or persons to be designated as Administrator or Board of Administrators as the State Government may, by notification, appoint.

Article 243-U of the Constitution: Duration of Municipalities:

(1) Every Municipality, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer:

Provided that a Municipality shall be given a reasonable opportunity of being heard before its dissolution.

(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Municipality at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1).

(3) An election to constitute a Municipality shall be completed:

(a) before the expiry of its duration specified in clause (1).

(b) before the expiration of a period of six months from the date of its dissolution:

Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Municipality for such period.

(4) A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under clause (1) had it not been so dissolved.”

(Underlined for emphasis)

5. C.W.J.C. No. 17044 of 20201 pertains to constitution of Motihari Nagar Nigam in place of Motihari Nagar Parishad; Sheohar Nagar Parishad in place of Sheohar Nagar Panchayat; Bettiah Nagar Nigam and