Supreme CourtDivision Bench

Afjal Imam vs State of Bihar and Others

Supreme Court Of India · Decided on 1 April 2011 · Citation: (2011) AIRSCW 5074 : (2011) 4 JT 155 : (2011) 3 PLJR 144 : (2011) 4 SCALE 151 : (2011) 4 SCC 725 : (2011) 4 SCR 174

HON’BLE JUDGES
J.M. Panchal, J · H.L. Gokhale, J
ACTS & SECTIONS REFERRED
Bihar Municipal Act, 2007 — Section 21(3), 21(4), 23(3), 24, 25(4)
RESULT
Dismissed
CASE NUMBER
Civil Appeal No. 2843 of 2011 (Arising out of Special Leave Petition (C) No. 21928 of 2010)
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Judgment

3 paragraphs · 158 words
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 u/s 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.