Dipak Misra, J.

1. Questioning the defensibility and legal sustainability of the order dated 23.2.2010 passed by the learned Single Judge in CWJC No. 1067 of 2010, the present intra-Court appeal has been preferred under Clause-X of the Letters Patent. When the matter was listed before the Division Bench on 13.4.2010, the Division Bench, after referring, to Section 27 of the Bihar Municipal Act, 2007 (for brevity the Act) and taking note of the decision rendered in Jagdish Singh V/s. The State of Bihar & Ors., (CWJC No. 9380 of 2008), decided on 14th November, 2008 and further the reliance placed by Mr. Y.V. Giri, learned Senior Counsel appearing for the contesting respondent no. 6, on Section 21 of the Act, especially sub-section (3) of Section 21, thought it appropriate that the matter should be heard by a larger Bench as there are certain observations in the decision rendered in Jagdish Singh (supra). On the basis of the aforesaid order, the larger Bench has been constituted and the matter has been placed before us.

2. Bereft of unnecessary details, the facts which are essential for adjudication of this appeal are that the 6th respondent- writ petitioner, challenged the