JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

The petitioner has put to challenge, in the present writ application filed under Article 226 of the Constitution, a notification bearing No. 1003 dated 03.03.2021, issued by the Urban Development and Housing Department, Government of Bihar, whereby Nagar Panchayat Chakia has been upgraded to Nagar Parishad, in exercise of powers conferred under the provisions of Sections 3(1)(a), 4, 5, 6 and 8 of Bihar Municipal Act, 2007 (for short ‘the Act’).

2. The petitioner claims to be resident of Nagar Panchayat Chakia. It appears from the pleadings on record that he has objection against inclusion of Wards No. 8, 9, 10, 11, 12 and 13 falling in EB No. 292 to 299 of Nagar Panchayat Chakia within the area of Nagar Parishad, Chakia. It is evident from the impugned notification issued under Section 6 of the Act that before issuance of the said notification, a declaration of the intention of the State Government to upgrade the Nagar Panchayat to Nagar Parishad was notified vide notification No. 4380 dated 26.12.2020. Section 5 of the Act enables the inhabitants of the area to be included within the urban local body proposed to be notified under Section 6 of the Act to make objections against such proposal.

3. It has been stated in the writ petition that objections were filed by so many inhabitants. It has been stated in paragraph 13 that one of the objections against upgradation of Nagar Panchayat Chakia to Nagar Parishad was that population of the wards in EB No. 292 to 299 consisted of around 55% of agricultural population. They also alleged malafide on the ground that village Bashaha Gaon nearer to the town was left aside at the instance of the Chairman of the Nagar Panchayat, who held substantial properties in the said area. There are assertions that the petitioner had represented to the various functionaries of the State of Bihar against proposed upgradation of Chakia Nagar Panchayat into Nagar Parishad on various grounds including the ground that the same was being done without any proper enquiry and on mere suggestion of the Chairman of Nagar Parishad. It has been asserted that Wards No. 8 to 13 have been found to be agricultural area and an area located in close proximity to Chakia Nagar Panchayat, namely, Bashaha was left out which was objected to by the Mukhiya of the Gram Panchayat.

4. The impugned notification discloses that the objections filed by the inhabitants under Section 5 of the Act were taken into account before issuance of the impugned notification.

5. It has been stated in paragraphs 23 and 24 of the writ petition that in terms of the second proviso to Section 3(1) of the Act, for constitution of a municipality, the total population of main cultivator and marginal cultivator workers must be below 50% of the total population of workers in the area whereas in Wards No. 8 to 13 of Chakia Nagar Panchayat, total agricultural population of the said area is more than 50%. It has further been stated that there is no material to demonstrate any compliance of the provision under Section 3(1) of the Act in relation to enquiry for taking a decision to constitute a Nagar Parishad.

6. Heard Mr. Ashish Giri, assisted by Ms. Shrishti Singh, learned Advocates for the petitioner and Mr. Kinkar Kumar, learned SC-9 representing the State of Bihar.

7. A counter affidavit has been filed on behalf of the State of Bihar stating therein that Section 3 of the Act was amended by Bihar Municipal (Amendment) Act, 2020 by substituting second proviso to Section 3(1) of the Act which requires that a declaration of intention to constitute a municipal area can be made under sub-section (1) of Section 3 of the Act only when the total population of main cultivator workers and marginal cultivator workers is below 50% of total population of workers in such area in all cases. Soon after the aforesaid amendment, the Secretary, Urban Development and Housing Department through its communications dated 14.05.2020, addressed to a