"Hurdle In Achievement Of Self Governance": Patna HC Holds Certain Provisions Of 'Bihar Municipal Amendment Act 2021' As Unconstitutional
2 years, 2 months ago

"Hurdle In Achievement Of Self Governance": Patna HC Holds Certain Provisions Of 'Bihar Municipal Amendment Act 2021' As Unconstitutional

Live Law  

In a significant order, the Patna High Court today declared certain provisions of the Bihar Municipal Act, 2021 which amended the State's 2007 Act, as unconstitutional while holding that certain amendments carried out in the 2007 Act are contrary to the 74th Constitutional Amendment as they placed hurdles in the achievement of self-governance.For context, by virtue of the. In a significant order, the Patna High Court today declared certain provisions of the Bihar Municipal Act, 2021 which amended the State's 2007 Act, as unconstitutional while holding that certain amendments carried out in the 2007 Act are contrary to the 74th Constitutional Amendment as they placed hurdles in the achievement of self-governance. It may be noted that the Empowered Standing Committee, which is the executive of the Municipal Authority, has administrative control of employees, however, the Amendment Act sought to take away such controlling rights, which, the petitioners in the instant matter argued, resulted in a concentration of power with the State Government which is against the spirit of devolution of powers. The Court also stressed that while the State Legislature does possess the ability to legislate on matters concerning municipal bodies, however, the degree of involvement of the State Government in the functioning of such municipal bodies has to be minimal ".the impugned amendments to the extent of Section 2, amending Section 36; Section 3, amending Section 37; Section 4, amending Section 38; Section 5, amending Section 41 of the Municipal Act, by virtue of Bihar Municipal Act, 2021, are contrary to the Seventy Fourth Constitutional Amendment as both the major effects, i.e.

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Bihar assembly passes three amendment Bills amid Opposition walkout
5 months, 2 weeks ago

Bihar assembly passes three amendment Bills amid Opposition walkout

Hindustan Times  

The Bihar assembly on Tuesday passed three bills through voice vote after the opposition staged a walkout despite moving amendments, leaving no room for a political debate. The ruling dispensation moved the Bihar state university service commission Bill, 2024, which aims to bring recruitment of teachers under all state-run higher education institutions under the Bihar state university service commission, which …

Bihar Municipal Elections Reservation Challenge | High Court Lists Matter For Final Hearing On January 2
1 year, 1 month ago

Bihar Municipal Elections Reservation Challenge | High Court Lists Matter For Final Hearing On January 2

Live Law  

The Patna High Court has set January 2, 2024, as the date for the final hearing on a case challenging the recently conducted Bihar Municipal elections. Shahi, AG Mr. Vikas Kumar Counsel/s For the Respondent/s : Mr. Basant Kumar Choudhary, Sr. Advocate Counsel/s For the Petitioner/s : Mr. Awnish Kumar, Advocate Mr. S.V. Shahi, AG Mr. Vikas Kumar, A.C. to …

Patna High Court Weekly Round-Up: August 28 To September 3, 2023
1 year, 4 months ago

Patna High Court Weekly Round-Up: August 28 To September 3, 2023

Live Law  

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Can The Post Of Deputy Mayor In Municipal Corporation Be Reserved? Supreme Court To Consider
2 years, 2 months ago

Can The Post Of Deputy Mayor In Municipal Corporation Be Reserved? Supreme Court To Consider

Live Law  

The Supreme Court of India on Tuesday issued notice in a petition challenging the move of the Bihar State government to reserve the post of the Deputy Chief Councillor in a municipal corporation. "It is clear that the deputy chief councillor is merely a delegated post as per Section 26 of Bihar Municipal Act,2007and has no constitutional backing." That the …

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