"File Reply To Pleas Against Amendment Made To Municipal Act Or We Will Stay It": Patna HC Warns State, Central Govts

Dealing with Public Interest Litigations (PILs) plea filed challenging the 2021 amendments made to the Bihar Municipal Act, 2007, the Patna High Court on Friday warned the Union and the State Government to file their replies in 1 week otherwise the amendments would be stayed by the Court.

The Bench of Chief Justice Sanjay Karol and Justice S. Kumar ordered thus as it noted that despite giving several opportunities, the Centre and the State Government failed to file a counter-affidavit, as per the court's directions.

The pleas before the Court

Essentially, several pleas have been filed in the High Court challenging the amendments brought-in in the Bihar Municipal Act, 2007 whereby all powers of appointment and transfer of employees of Grade-C & D, have been taken over by the State by virtue of the provisions of the Bihar Municipal (Amendment) Act, 2021.

It is argued that such amendments are in violation of Part-9A of the Constitution of India, brought in by virtue of the Constitution (Seventy-Fourth) Amendment Act, 1992. On the other hand, the State argued that the only reason for bringing in the amendment, as is so disclosed by the State, was the receipt of certain complaints in the recruitment process of Group-C & D employees.

At the outset, the Court termed it as a matter of prime importance and needs the urgent attention of the authorities and further remarked thus:

"Whether receipt of complaints in the recruitment process can itself be a ground to amend the legislation is something, which the Respondents need to explain. The report of the 6th Pay Finance Commission is also to be kept in mind; so also Article 243P of the Constitution of India while filing such a response. The structure of fiscal federalism and autonomy, including the purpose of decentralization of power, which, perhaps, prompted the amendment in the Constitution, appears to have been ignored or not accounted for."

With this, the Court refrained from staying the amendment, however, the Court did clarify that if a response is not filed, dealing with each one of the averments made in the petition, perhaps, the Court would be persuaded to do so on the next date of hearing. With this, the matter has been posted for further hearing on February 28.

Case title - Dr. Ashish Kumar Sinha v. The Union of India & Ors. and connected pleas

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