Judgment 1. Absence of institutions of self Government has harmed the people of Bihar. Today the Court is not going into any details. The people of Bihar seem to be losing every valuable grant meant basically for the planning at the grass root level. It is now important to take notice of the fact that grants between 1995- 2000 for utilisation by institutions of local self Government have already gone into jeopardy. There is every likelihood that this might happen again in the future if total local self Government is not returned to Bihar. No one can say that people are not concerned or should not show their concern. 2. The Court is equally concerned that while the Constitution of India mandates a four level democracy, Bihar has for two decades functioned with only two, without panchayats until recently, and municipalities even now are without their elected representatives. In no uncertain terms the Constitution of India refers to these institutions of municipalities and panchayats as institutions of "self Government". 3. In the working of the Government there are three institutions which constitute it. These are : the executive, the legislature and the judiciary. In so far as the last institution is concerned that is the judiciary it has nothing to do with the absence of local self Government not being present in Bihar except showing concern on its non-availability. The legislature has enacted the law to take the institutions of local self Government further and provided for it. Then why are these institutions absent? So far as the executive is concerned it can be bifurcated into two identities. One is politics and the other is the bureaucracy. Then there is another factor which for one reason or the other, within politics itself, brought litigation to bog down institutions of local self Government in its working. Whether to challenge a legislation which provided for local self Government or a legislation which arranged to supersede local self Government, such contradictions also exist within politics. The net result- Bihar was deprived of total democracy. 4. If the stock taking is to be taken in the context of municipalities, then, as of date the debit would overtake the credit. The debit is that every municipality stands superseded. Thus, there is no credit that the institutions which be the municipalities are not functioning as institutions of self Government. 4. If the stock taking is to be taken in the context of municipalities, then, as of date the debit would overtake the credit. The debit is that every municipality stands superseded. Thus, there is no credit that the institutions which be the municipalities are not functioning as institutions of self Government. For every municipality which has been superseded there is a bureaucrat sitting on it known as the administrator. Today, the reading is that he is not amenable to let go his power so that the elected representatives could replace him. Such an impression must not out to the pepoie of Bihar that politics arranged for the suppression of institutions of self Government and the bureaucracy readily cashed in on the opportunity to sit as administrators on superseded municipalities. In the case of panchayats it was Block Development Officer. Some body has to give an answer that if the Constitution of India was amended 7 years ago why do not the administrators let go their power? This is the issue before the High Court. 5. Ultimately, if the stock inventory in politics is taken the record shows that Bihar has lost out one thousand crores rupees of grants meant for institutions of self Government i.e. the panchayats and the municipalities. Time after time the Government of India has been indicating to the State of Bihar that these grants will not be available unless the institutions which represents self Government are returned to power. 6. In the circumstances, the Court does not appreciate why it is taking so much time to take the municipalities into elections. No doubt a municipality is a statutory body but it is meant to be a corporate body with elected representatives (sic and) not a body which is known as a corporation-sole with an administrator sitting on it. Of course, the mukhiya of a panchayat or a municipal councillor will make a dent in matters local and for and of the panchayat and the municipality in juxtaposition to the representation of a member of parliament or a member of the legislative assembly. But, this is what total democracy in a parliamentary democracy is about; for, of and by the people. 7. The Advocate General mentions that a certain rule is awaiting a nod from the cabinet so that the elections to municipalities can be carried through. But, this is what total democracy in a parliamentary democracy is about; for, of and by the people. 7. The Advocate General mentions that a certain rule is awaiting a nod from the cabinet so that the elections to municipalities can be carried through. He has stated that he could not give an undertaking when the cabinet will meet next but hopes that this would happen in the next two weeks. But, if the people of Bihar lose out on federal grants meant for grass root planning, then, the Court cannot help expressing that whatever be the measures for holding elections for the municipalities, this ought to be treated virtually like a war time emergency. The people of Bihar are entitled to know when actually the municipality elections will be held. The schedule or the time table of elections must be before the Court, crystal clear. While the Advocate General is not in a position to make any commitment and the Court is refraining to give a direction that the rule be carried through, an exercise contemplated within the government, a policy statement needs to be made before the Court on the dates set for the elections. 8. In the circumstances the Court feels that the State Government is obliged to make a policy statement that it has finalised all steps that were to be taken and the matter of municipal elections is ready to be handed over to the State Election Commission. 9. Thus, let this matter be posted on Friday next. An affidavit be filed by the Secretary, Urban Development Department to lay before the Court the schedule of election- to the municipalities so that the State Election Commission can take over the matter and conclude the elections to all the municipalities (city corporations not excluded) of Bihar. 10. Put up on 17 August 2001.