Shiv Kumar Singh, Son of Late Sudama Singh vs The State of Bihar

Heard Mr. Rajendra Narain, learned senior counsel

assisted by Mr. Gyan Prakash, learned counsel for the petitioners; Mr.

Abbas Haider, learned SC-6 for the State; Mr. P. K. Shahi, learned

senior counsel assisted by Mr. Yashraj Bardhan, learned counsel for the proposed intervenor in Interlocutory Application No. 3035 of

2017; Mr. Indu Bhushan, learned counsel for the Chapra Nagar

Parishad and Mr. Amit Shrivastava, learned counsel assisted by Mr.

Girish Pandey, learned counsel for the State Election Commission,

who has also been heard in the matter, as in terms of order dated

13.04.2017, the State Election Commission was restrained with regard

to taking further steps in holding election to the upgraded Chapra

Municipal Corporation.

Learned counsel for the petitioners submitted that the

proposal of the District Magistrate, Saran contained in his Letter No.

622 dated 31.07.2015, was a proposal for constitution of the Chapra

Municipal Corporation which included areas of the existing Chapra

Nagar Parishad as well as other areas also. It was contended that such

proposal was never turned down and thus, the same was the basis for

the draft publication dated 12.08.2016, but later on under the final

publication dated 14.02.2017, only the existing area of the Chapra

Nagar Parishad has been upgraded into Chapra Municipal

Corporation, excluding the other areas which are part of the proposal

of the District Magistrate contained in his letter dated 31.07.2015.

Learned counsel submitted that the justification for upgradation and

inclusion of all such areas is amply reflected in the letter of the

District Magistrate dated 31.07.2015, but the action of the State Government in limiting the upgradation to the existing Chapra Nagar

Parishad is arbitrary. It was further submitted that even in the Memo

put up before the State Cabinet for approval, the reference to the letter

of the District Magistrate, Saran dated 31.07.2015 is recorded,

meaning thereby that the recommendation sent for approval was the

entire area reflected in that letter.

Learned counsel for the State submitted that the

records would clarify the position to the extent that the Memo put up

to the Cabinet for approval of the draft proposal itself specifically

mentioned that the existing Chapra Nagar Parishad was being

upgraded to Chapra Municipal Corporation. Learned counsel

produced the records and drew the attention of the Court to the note

sent to the Cabinet for approval. Perusal of the same reflects that two

letters of the District Magistrate, Saran are mentioned therein i.e.,

Letter No. 112 dated 05.02.2016 as well as Letter No. 622 dated

31.07.2015. Thereafter, there is a specific proposal in Clause 3 that

the Chapra Nagar Parishad be upgraded to Chapra Municipal

Corporation. Learned counsel submitted that initially, under letter

dated 31.07.2015, a proposal was sent which included the existing

Chapra Nagar Parishad and also other areas which were under various

other Gram Panchayats. He further submitted that in view of there

being no detailed breakup as to what percentage of the population of

the areas which were proposed to be added were non agricultural, the

Government again asked the District Magistrate to send a fresh

proposal and subsequently fresh proposal has been sent under Letter

No. 112 dated 05.02.2016, restricting the proposed area of the

upgraded Chapra Municipal Corporation to the existing Chapra Nagar

Parishad.

Learned counsel for the intervenor has also assisted

the Court on similar lines with the help of the official records.

Having considered the matter, the Court does not find

any irregularity, either in the procedure adopted by the State

Government or in the ultimate decision of the State Government

notifying the Chapra Municipal Corporation. The contention of the

learned counsel for the petitioners that the draft publication was on the

basis of areas which were beyond the existing area of Chapra Nagar

Parishad and which were included in the proposal sent by the District

Magistrate under Letter No. 622 dated 31.07.2015, does not seem to

be correct for the reason that the records itself show that later on there

was another proposal sent by the District Magistrate, Saran under

Letter No. 112 dated 05.02.2016 and further the final note which went

for the approval of the Cabinet specifically states that the proposal is

for upgrading the Chapra Nagar Parishad into Chapra Municipal

Corporation. Such notification having been initially issued as a draft

proposal and culminating in the final publication, without any change,

obviously, cannot be faulted. The Court would like to note here that

pursuant to the draft publication and before final publication, there has

been no objection received from any quarter within the time specified

for receiving such objection i.e., one month from the date of

publication of the draft notification on 12.08.2016. Thus, the

contention of learned counsel for the petitioners that the objection had

been filed before final publication on 14.02.2017 i.e., on 09.02.2017

and that too through registered post becomes irrelevant as it was much

beyond the time allowed of one month and was not even required to

be looked into.

For the reasons aforesaid, the Court does not find any

reason to interfere in the matter and accordingly, the writ petition

stands dismissed.

The interim order dated 13.04.2017, stands vacated

and the State Election Commission and its authorities are at liberty to

proceed in the matter of conducting election for the upgraded Chapra

Municipal Corporation. Since the previous notification dated

19.04.2017 has been affected due to the interim order dated

13.04.2017, the State Government shall issue fresh notification

forthwith. However, the Court would like to clarify the position, that

it is always open to the Government to add fresh areas to the Chapra

Municipal Corporation, after following the due procedure of law.

However, the same shall be without affecting the present election.