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2022 Supreme(Pat) 775

SANJAY KAROL, AND S. KUMAR
Ashish Kumar Sinha – Appellant
Versus
Union of India – Respondent


Advocates:
For the Petitioners: M/s Mayuri, Kamleshwar Pandey (in 11717, 12809); M/s Y.C. Verma, Sr. Adv., Priyanka Singh, Anuj Kumar, Madhav Raj (in 5713); Dr. Anjani Pd. Singh (in 9047); M/s Siddharth Prasad, Sunit Kumar, Surya Nilambari, Om Prakash Kumar (in 12524); M/s Rajeeva Roy, Sr. Adv., Akash Keshav, Akansha Malviya, Shashwat, Vishal Kumar Singh, Deepak Kumar Singh (in 12619).
For the Respondents: M/s Dr. K.N. Singh, Alok Kumar Jha, Sriram Krishna, Prakritita Sharma (in 11717); M/s Lalit Kishore, Pawan Kumar, Subhas Prasad Singh (in 12809).
For the State : M/s Lalit Kishore (in 11717, 5713, 12619) Subhash Prasad Singh 11717, 12524); Pawan Kumar (in 11717, 5713, 12619, 12524, 9047); Pankaj Kumar (in 5713); M/s Abbas Haider (in 9047).
For the PMC : Mr. Prasoon Sinha (in 11717, 9047, 12619); Mr. Rabindra Kumar Priyadarshi (in 12809).
For the Union of India : M/s Dr. K. N. Singh, R. K. Sharma (in 12619).

Sanjay Karol, CJ.—The following questions arise for consideration in the present set of writ petitions:—

(i) Whether the impugned amendments brought in by virtue of Bihar Municipal (Amendment) Act, 2021 (Bihar Act 06, 2021) are repugnant to the Constitution (Seventy Fourth) Amendment Act, 1992?

(ii) Whether the impugned provisions of Bihar Municipal (Amendment) Act, 2021 are in contravention of their parent Act, i.e. Bihar Municipal Act, 2007 (Bihar Act 11, 2007)?

(iii) Whether the Bihar Municipal (Amendment) Act, 2021, restricting the power of appointment, posting, transfer of the employees, results into truncating the cadre autonomy and functioning of Municipal Bodies as institutions of self-government?

(iv) Whether the expression “enable them to function as Institutions of self-government” under Article 243W of the Constitution of India would encompass the power of the Municipal Body to have complete freedom and right of selection, appointment, posting and transfer of its employee(s)?

Impugned Legislation

2. The present set of writ petitions lay challenge to Sections 36, 37, 38, 40A, 41 and 43 of Chapter V of the Bihar Municipal Act, 2007 (hereinafter referred to as the “Municipal Act

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