Afjal Imam Vs State
of Bihar & Ors.
O R D E R
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.
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. Judgment
containing the reasons to follow separately.
........................................J.
( J.M. Panchal )
........................................J.
( H.L. Gokhale )
New
Delhi
April
1, 2011
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