J.M.PANCHAL, H.L.GOKHALE
Afjal Imam – Appellant
Versus
State of Bihar – Respondent
JUDGMENT
Gokhale J. —
Leave granted.
By the order passed by us on April 1, 2011, we had allowed this appeal. We had, further, observed that we will indicate our reasons by a separate judgment. We do so herein.
2. The Bihar Municipal Act, 2007, like other Municipal Acts, provides for the election of the Municipal Councillors, the Mayor or Chief Councillor and the Deputy Mayor/Deputy Chief Councillor. It also provides for an Empowered Standing Committee to exercise the executive power of the Municipality. This committee is supposed to consist of the Mayor, the Deputy Mayor and seven other Councillors nominated by the Mayor/Chief Councillor under section 21 (3) of this Act. Section 27 of this Act provides that the term of office of the Mayor/Chief Councillor and the members of the Empowered Standing Committee shall be co-terminous with the duration of members of the Municipality. The Act provides for the removal of the Mayor/Chief Councillor and the Deputy Mayor/Deputy Chief Councillor under section 25 (4) of the Act by a vote of no confidence, which can be moved only after two years from taking over of the charge of the post. Section 23 (3) of the Act provides for the election of a
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