Statutory bodies’ suppression irks HC

patna: the patna high court on wednesday questioned the legality of sections 3 and 65 of the bihar regional development authority (brda) act which empowers the state government to depute bureaucrats and government nominees in bodies like the patna regional development authority in the light of the 74th constitutional amendment. the court observation followed a pil hearing on urban issues by a division bench comprising chief justice ravi s dhavan and justice d p s choudhary.justice dhavan observed that the article 243 zd of the constitution enjoins that while planning the development of habitats, people’s participation has to be ensured through the elected representatives. even draft plans need to be prepared in active consultation with the local populace, he said. justice dhavan then dwelt upon the propensity of the state government in suppressing these statutory bodies. he observed that this practice started in in the gangetic belt in the 60s and cited exceptional circumstances for the suppression of the bodies. these measures were supposed to be temporary but they gradually became the norm, he added. the bench observed that there had to be a show cause, a hearing and then a cause justifying suppression before the government could suppress any self-governing body. the suppression should have been for a very limited period and then revoked. suppression of bseb: the hearing in the case questioning the suppression of bihar school examination board was subsumed by the debate on the suppression of statutory bodies in the earlier hearing on the vires (legality) of the brda. the bench asked the state government counsel v n sinha why most bodies have been suppressed. the court asked why ias officers are heading these bodies and how can a bureaucrat head an examination board. the bench observed that it should instead be headed by an educationist.