Afjal Imam Vs. State of Bihar & Ors.
EmailAppeal: Civil Appeal No. 2843 /2011
[Arising out of Special Leave Petition (C) No. 21928 of 2010]
[From the Judgement and Order dated 08.07.2010 of the High Court of Judicature of Patna in Civil Writ Jurisdiction Case No. 9981 of 2010]
[Arising out of Special Leave Petition (C) No. 21928 of 2010]
[From the Judgement and Order dated 08.07.2010 of the High Court of Judicature of Patna in Civil Writ Jurisdiction Case No. 9981 of 2010]
Petitioner: Afjal Imam
Respondent: State of Bihar & Ors.
Apeal: Civil Appeal No. 2843 /2011
[Arising out of Special Leave Petition (C) No. 21928 of 2010]
[From the Judgement and Order dated 08.07.2010 of the High Court of Judicature of Patna in Civil Writ Jurisdiction Case No. 9981 of 2010]
[Arising out of Special Leave Petition (C) No. 21928 of 2010]
[From the Judgement and Order dated 08.07.2010 of the High Court of Judicature of Patna in Civil Writ Jurisdiction Case No. 9981 of 2010]
Judges: J.M. Panchal & H.L. Gokhale, JJ.
Date of Judgment: Apr 01, 2011
Appearances:
Appearances
Mr. S.B.K. Mangalam, Mr. Rajesh Anand, Mr. Ashutosh Pande, Ms. Madhumita Singh, Mr. Abhay Kumar, Advocates, for the Appellant(s).
Mr. Santosh Mishra, Mr. Gopal Singh, Mr. Manish Kumar, Mr. Chandan Kumar, Mr. Santosh Kumar Tripathi, Mr. Neeraj Shekhar, Advocates, for the Respondent(s).
Mr. S.B.K. Mangalam, Mr. Rajesh Anand, Mr. Ashutosh Pande, Ms. Madhumita Singh, Mr. Abhay Kumar, Advocates, for the Appellant(s).
Mr. Santosh Mishra, Mr. Gopal Singh, Mr. Manish Kumar, Mr. Chandan Kumar, Mr. Santosh Kumar Tripathi, Mr. Neeraj Shekhar, Advocates, for the Respondent(s).
Head Note:
MUNICIPALITIES
Bihar Municipal Act, 2007
Sections 27, 25(4), 23(3), 21(3), 21(4) – Powers of members of Empowered Standing Committee – Seven members nominated to Committee by Mayor. Held that Section 27 has to be read down in harmony with Sections 25, 23 and 21(3). Mayor and members to exercise all powers of Empowered Standing Committee. (Para 2)
Bihar Municipal Act, 2007
Sections 27, 25(4), 23(3), 21(3), 21(4) – Powers of members of Empowered Standing Committee – Seven members nominated to Committee by Mayor. Held that Section 27 has to be read down in harmony with Sections 25, 23 and 21(3). Mayor and members to exercise all powers of Empowered Standing Committee. (Para 2)
JUDGEMENT:
ORDER
1. Leave Granted.
2. Appeal allowed. Impugned judgment and order passed by the Division Bench of the Patna High Court in Writ Petition bearing No.CWJC 9981/2010 dated 8th July, 2010 is set aside. The said writ petition filed by the appellant herein stands allowed in part. Section 27 of the Bihar Municipal Act 2007 shall be read down harmoniously with Sections 25 (4), 23 (3), 21 (3) and 21 (4) of the said Act. The respondent no.3, the District Magistrate Patna, Bihar is directed to administer the oath of secrecy under Section 24 of the Act to the seven Municipal Councillors nominated by the appellant to the Empowered Standing Committee. The appellant as well as the members of the Empowered Standing Committee shall be entitled to exercise all the powers as the Mayor and the members of the Empowered Standing Committee as provided in the Bihar Municipal Act, 2007, in accordance with law.
3. Judgment containing the reasons to follow separately.
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1. Leave Granted.
2. Appeal allowed. Impugned judgment and order passed by the Division Bench of the Patna High Court in Writ Petition bearing No.CWJC 9981/2010 dated 8th July, 2010 is set aside. The said writ petition filed by the appellant herein stands allowed in part. Section 27 of the Bihar Municipal Act 2007 shall be read down harmoniously with Sections 25 (4), 23 (3), 21 (3) and 21 (4) of the said Act. The respondent no.3, the District Magistrate Patna, Bihar is directed to administer the oath of secrecy under Section 24 of the Act to the seven Municipal Councillors nominated by the appellant to the Empowered Standing Committee. The appellant as well as the members of the Empowered Standing Committee shall be entitled to exercise all the powers as the Mayor and the members of the Empowered Standing Committee as provided in the Bihar Municipal Act, 2007, in accordance with law.
3. Judgment containing the reasons to follow separately.
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