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2022 Supreme(Pat) 71

CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Rani Kumari W/o Pramod Kumar Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. S.B.K. Mangalam, Mr. Awnish Kumar, Mr. Gaurav Kumar.
For the Respondent: Mr. Ravish Chandra.

JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

1. Section 8(c) of the Bihar Municipal Act, 2007 (in short ‘the Act’) confers upon the State Government power, inter-alia, to include within a municipal area, any local area contiguous to such municipal area and defined in the notification. Sections 3, 4, 5 and 6 of the Act deal with constitution of municipal areas. Section 7 of the Act deals with classification of municipalities which is not relevant for controversy at hand. The first proviso to Section 8 of the Act envisages that the procedure laid down for constitution of a municipal area under the Act (Sections 3 to 6 of the Act) shall be followed mutatis mutandis in each such case.

2. Section 12 of the Act deals with constitution of municipality, sub-section (8) of which provides that in a municipal area newly constituted, the local authority, having jurisdiction over such area, immediately before such area was constituted in a municipal area, shall continue to have jurisdiction and perform its function till such time, not exceeding six months from the date of notification under Section 6 of the Act as may be necessary for holding elections. Sub-Section (9) of Section 12 of the Act confers

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