Name Pankaj Rathi

Roll No. 869 (Section A)

VI Semester

CASE NOTE
Rajnarain Singh
v.
The Chairman, Patna Administration Committee, Patna and
Anr.
AIR 1954 SC 569
In this case, S.3(1)(f) of the Bihar & Orissa Act, Empowered the local administration to extend to
Patna the provisions of any sections of the act ( Bengal Municipality Act, 1884) subject to such
modification, as it might think fit.
The government picked up section 104 and after modifications applied it to the town of Patna.
One of the essential features of the Act was the provision that no municipality competent to tax
could be thrust upon a locality without giving its inhabitants a chance of being heard and of
being given as opportunity to object.
The Court held that Section 3(1)(f) is intra vires, that is to say, that any section or sections of the
Bihar and Orissa Municipal Act of 1922 can be picked out and applied to "Patna" provided that
does not effect any essential change in the Act or alter its policy. However, the sections which
provided for an opportunity to object was excluded from the notification. It was held as
amounting to tamper with the policy of the Act. In other words, Any delegated legislative power
which lead to change in the policy of the Act is ultra vires.