IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.7935 of 2011 ====================================================== 1. Vinay Kumar Pappu, S/o Late Dr. Surendra Nath Rai Yadav, R/o Mohalla-Goriya Toil, Station Road, Patna, P.S.-Kotwali, District-Patna and the Deputy Mayor, Patna Municipal Corporation, Patna. 2. Balram Chaudhary, S/o Late Madan Gopal, R/o Mohalla-Gujari Bazar, Patna City, P.S.-Khajekala, District-Patna. 3. Md. Mahmood, Kuraishi, S/o Late-Fakhruddin Kuraishi, R/o Shah Faishat Maidan, P.S.-Chowk, P.O.-Jhauganj, Patna City, District-Patna. 4. Sanjay Kumar Singh, S/o Sri Mohan Prasad Singh, R/o Mohalla-Digha Ghat, Pati Poll, P.S.-Digha, District-Patna. .... .... Petitioners Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna. 3. The Special Secretary, Urban Development and Housing Department, Government of Bihar, Patna. 4. The Director, Urban Development and Housing Department, Government of Bihar, Patna. .... .... Respondents ====================================================== Appearance : For the Petitioners : Mr. S.B.K.Mangalam, Advocate. For the Respondents : Mr. Vikash Kumar, AC to AAG-1. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4. 16.05.2011 This petition under Article 226 of the Constitution is filed by the Deputy Mayor and the Ward Councillors of the Patna Municipal Corporation, to challenge the constitutional validity of Sections 72, 73, 77, 78 and 79 of the Bihar Municipal Act, 2007 as being violative of Article 243P(e) and Article 243Q of the Constitution. The offending section 72 of the Bihar Municipal Patna High Court CWJC No.7935 of 2011 (4) dt.16-05-2011 2 Act, 2007 (hereinafter referred to as ‘the Act’) empowers the State Government, inter alia, to give grants or financial assistance to the municipality with or without direction to the manner in which such grants or financial assistance shall be applied. Section 73 of the Act provides for Municipal Fund. Sub section (2) thereof empowers the State Government to issue direction with respect to the receipts and expenditures of the Municipality under various heads of accounts. Section 77 of the Act empowers the State Government to require the execution of any work urgently required in the public interest and to provide funds for such urgent work. Section 78 of the Act empowers the municipality, with the approval of the State Government, to authorise expenditure to be incurred beyond the limits of the municipal area. Section 79 of the Act empowers the State Government to require the municipality to earmark a particular portion of the Municipal Fund or a particular grant etc. for utilization exclusively for such purpose related to municipal functions as may be specified by the State Government. It is apparent that the provisions under challenge empowers the State Government to provide funds to the municipalities for various public works. The challenge is not to the provision of the power of the State Government to extend financial assistance to the municipalities, but to Patna High Court CWJC No.7935 of 2011 (4) dt.16-05-2011 3 the conditions of accountability of the municipalities. In the submission of learned Advocate Mr. S. B. K. Mangalam the conditions imposed for utilization of fund provided by the State Government abridges or abrogates the concept of self governance envisaged by Article 243P(e) of the Constitution. We see no substance in the challenge to the aforesaid provisions of the Bihar Municipal Act, 2007. The petition is dismissed in limine. In the event, any of the petitioners has a grievance in respect of execution of the public projects, such petitioner will be at liberty to avail of appropriate remedy. Sujit (R.M. Doshit, CJ.) (Jyoti Saran, J.)