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2008 Supreme(Pat) 1621

KISHORE K.MANDAL, R.M.LODHA
Jagdish Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The petitioner is an elected Councillor from Ward No. 43, of Ara Municipal Corporation. By means of this writ petition he seeks to challenge the constitutional validity of Section 27 of the Bihar Municipal Act, 2007 (in short, the Act, 2007).

2. The challenge is on the ground that although there is a provision for removal of Chief Councillor in Section 25 of the Act, there is no provision for removal of members of the empowered standing committee. It is stated that once the Councillor is nominated to the empowered standing committee, he continues to be member of that committee so long as he is Councillor. There is lack of any provision for removal of member of the empowered standing committee and the member of such committee has been given unguided and unbridled power.

3. There are diverse municipal authorities for the purposes of giving effect to the provisions of Act, 2007 for different classes of municipalities. One of such municipal authorities is the empowered standing committee. The constitution of empowered standing committee is provided in Section 21.

4. Section 21 reads thus:

"21. Constitution of Empowered Standing Committee of Municipality. (1) In every-Municip







































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