Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The writ petition is disposed of, with the petitioner directed to file his representation before the Director, Urban Local Bodies, and the representation to be decided within three months.
Summary
Santosh Kumar, the elected Deputy Chief Councillor of Lalganj Municipal Council, filed a writ petition seeking a mandamus directing the State of Bihar and related officials to consider his representation dated 02‑02‑2026 within a fixed time, to enact legislative and administrative measures for decentralising powers between the Chief and Deputy Chief Councillors, and to frame detailed rules on participation, joint signatures, departmental allocation, benefits, security and office infrastructure. The High Court, after hearing counsel, disposed of the petition by directing the petitioner to file his representation before the Director, Urban Local Bodies, within four weeks, and ordered that the representation be decided by that authority within three months. No substantive merits on the requested reforms were adjudicated; the court limited its intervention to procedural compliance. The writ application was therefore dismissed with directions for the petitioner to pursue his relief through the prescribed administrative channel.
Issues considered
- Whether the court can issue a writ of mandamus directing the State and municipal authorities to consider the petitioner’s representation within a specified time‑frame.
- Whether the court may compel the State to enact legislative and administrative measures for decentralisation of powers between the Chief Councillor and Deputy Chief Councillor.
- Whether the court can direct the framing of specific rules governing the Deputy Chief Councillor’s participation in scheme selection, joint approvals, departmental allocation, benefits, security and office infrastructure.
Subjects
- administrative law
- writ of mandamus
- decentralisation
- local government
- municipal governance
- representation
- procedural direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5461 of 2026
======================================================
Santosh Kumar S/o Rajeshwar Prasad Resident of Mohalla- Premganj, Ward
No.- 5, P.O. and P.S.- Lalganj, District- Vaishali, Presently elected Deputy
Chief Councillor of Lalganj Municipal Counsil, District- Vaishali, Bihar.
... ... Petitioner/s
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 Additional Secretary, Urban Development and Housing Department,
Government of Bihar, Patna.
4. The Director, Urban Local Bodies, Urban Development and Housing
Department, Government of Bihar, Patna.
5. The District Magistrate-cum- Administrator, Vaishali at Hajipur.
6. The Nagar Parishad, Lalganj, through its Chief Councillor, District- Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash Sinha, Advocate
For the Respondent/s : Dr. Md. Raisul Haque, SC 10
For the Nagar Parishad, Lalganj : Mr. Surendra Kishore Thakur, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 27-04-2026 Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the respondent no.
6.
2. The petitioner has filed the instant application for
the following relief(s):-
“I. Issue an appropriate writ, order or
direction commanding the respondents to
consider and decide the petitioner’s
representation dated 02.02.2026 within a time-
bound period.
Patna High Court CWJC No.5461 of 2026(2) dt.27-04-2026
2/3
II. Issue a writ of mandamus directing
the respondents to take appropriate legislative
and administrative measures to ensure effective
decentralization of powers between the Chief
Councillor and Deputy Chief Councillor.
III. Direct the respondents to frame
appropriate rules or guidelines providing:
A. Defined participatory rule of the
Deputy Chief Councillor in selection of
development schemes;
B. Joint signature requirement of the
Chief Councillor and Deputy Chief Councillor in
approval of official files and budget proposals;
C. Allocation of departments between
the Chief Councillor and Deputy Chief
Councillor;
D. Provision of salary, pensionary
benefits and compensation in case of death in
office;
E. Provision of security personnel;
F. Necessary office infrastructure
including computer, operator and support staff.”
3. Having heard learned counsel for the parties and
having perused the contents of the writ petition, the writ
application is disposed of directing the petitioner to file a
representation before the Director, Urban Local Bodies, Urban
Development and Housing Department, Government of Bihar,
Patna (respondent no. 4) for the reliefs prayed for in the instant
Patna High Court CWJC No.5461 of 2026(2) dt.27-04-2026
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application.
4. The representation be filed within a period of four
weeks from today.
5. In case such a representation is filed, the
respondent no. 4 shall decide the same in accordance with law
within a period of three months from the date of its filing.
6. The writ application stands disposed of.
(Partha Sarthy, J)
Ranjeet/-
U
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