By Neeraj Kumar
Patna: The Patna High Court has postponed the hearing on the petitions filed by Patna Mayor Sita Sahu and others, challenging the amendments made by the Bihar government to the Bihar Municipality (Amendment) Act, 2024. The case will now be heard on 30 January 2025.
During the previous hearing, the division bench led by Chief Justice KV Chandran directed the state government to clarify its position on the amendments.
The amendments, introduced by the Bihar government on 24 July 2024, have sparked controversy. Advocate Mayuri, representing the petitioners, argued that the amendments undermine the foundational purpose of municipal governance, effectively transforming local bodies into agencies of the state government.
She highlighted that the amendments have stripped municipalities of several key powers, transferring them to the Chief Executive Officer. This redistribution of authority, she argued, would significantly impede the functioning of local self-governing bodies. The petition calls for the repeal of these amendments to restore the effectiveness and autonomy of local governance.
Advocate Mayuri emphasised that the amendments exacerbate interference in municipal affairs, curtailing their constitutional rights. She pointed out that municipalities are already facing challenges, including a lack of control by elected representatives over officers and staff, whose appointments, transfers, and postings are managed by state government departments.
Through the recent amendments, the Chief Executive Officer has been empowered with these functions, further diminishing the role of public representatives. Advocate Mayuri also called for technical and managerial assistance from the state government to enable local bodies to fulfil their responsibilities effectively.
In response, Advocate General PK Shahi, representing the Bihar government, stated that some of the proposed amendments have not yet been implemented.
The petition further highlighted a national trend where local body governance in various states has been weakened due to a reduction in their powers and functions. It stressed that such developments undermine the principles of decentralisation and hinder the performance of local self-governing institutions.
The next hearing is scheduled for 30 January 2025.
