In Ghnshyam Bhrosh Pandit & Ors. vs. The State of Bihar & Ors. (2026), Patna High Court's Division Bench of Chief Justice Meenakshi Madan Rai and Soni Shrivastava heard the writ petition which was filed for quashing Act Nos. 3, 4, and 5 of the Bihar Municipal (Amendment) Ordinance, 2025 dated October 3, 2025. The ordinance was promulgated to amend the Bihar Municipal Act, 2007.
By way of Act No. 3, an amendment has been carried out in sub-section (3) of Section 21, whereby the existing provision has been substituted with a new sub-section (3). Similarly, Act No. 4 introduces an amendment to sub-section (3) of Section 23, substituting it with a newly inserted provision. By Act No. 5, Section 27 has been amended and a new sub-section (3) has been inserted after sub-section (2).
Upon perusal of the Ordinance, it appeared to the Court that the Governor of Bihar, being satisfied that circumstances existed warranting the exercise of powers conferred under Article 213 of the Constitution of India, promulgated the said Ordinance to amend the Bihar Municipal Act, as the Legislature was not in session at the relevant time.
In its order dated June 18, 2026 From the records of the case, vide order dated April 7, 2026, it was inter alia ordered that upon perusal of the Ordinance. The counsel for the State Election Commission had then sought time to obtain instructions regarding the present status of the Ordinance. The counsel submitted that now the Act has been enforced and there are several other writ petitions which are challenging the amendment to the Bihar Municipal Act, 2007. He submitted that all the matters may be tagged together. The matter is listed for July 16, 2026. The Bench directed, "7. In the interregnum, steps be taken."
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