The central legal point established is that the Mayor, upon election, has the right to nominate members of the Empowered Standing Committee, and the State Government's directive contrary to this statutory provision is not sustainable.

1. The petitioner is a member and has now been elected as Mayor/Chief Councillor, of Gaya Municipal Corporation, a Corporation duly constituted under the Bihar Municipal Act, 2007 . He challenges the Government direction, as contained in Memo No. 6020 dated 18.12.2009, issued by the Government in the Department of Urban Development and Housing to the effect that notwithstanding change of Chief Councilor (Mayor), the Empowered Standing Committee of the Municipal Corporation, as nominated earlier, would continue. Meaning thereby, that the Chief Councillor newly elected would not have the power to nominate members of the Empowered Standing Committee of the Corporation in terms of Section 21(3) of the Municipal Act.

2. Two intervention petitions have been filed on behalf of two members of the Empowered Standing Committee, which is sought to be changed by the new Mayor.

3. The intervention applications are allowed and they have been heard at length.

4. Heard the parties and with their consent the writ petition is being disposed of at this stage itself.

5. As it is purely a question of legal interpretation, on behalf of petitioner, it is submitted that the petitioner having been elected as Mayor of the Gaya Municipal Corporation, he has in terms of Section 21(3) a right to nominate from amongst the Councillors (elected members) to the Empowered Standing Committee of the Municipality. Section 21 is quoted hereunder:

Constitution of Empowered Standing Committee of Municipality. (1) In every Municipality there shall be an Empowered Standing Committee.

(2) The Empowered Standing Committee shall consist of: (a) in the case of a Municipal Corporation, the Mayor, the Deputy Mayor, and seven other Councillors;

(b) in the case of a Class A or Class B Municipal Council, the Municipal Chairperson, the Municipal Vice- Chairperson, and five other Councillors;

(c) in the case of a Class C Municipal Council, the Municipal Chairperson, the Municipal Vice-Chairperson, and three other Councillors; and

(d) in the case of a Nagar Panchayat, the Municipal President, the Municipal Vice-President, and three other Councillors.

(3) The other members of the Empowered Standing Committee shall be nominated by the Chief Councillor from among the Councillors elected under sub-section (1) of Section 12 within a period of seven days of his entering office.

(4) The other members of the Empowered Standing Committee shall assume charge after taking the oath of secrecy under Section 24.

(5) The Chief Councillor shall be the Oresiding Officer of the Empowered Standing Committee.

(6) The manner of transaction of business of the Empowered Standing Committee shall be such as may be prescribed.

(7) The Empowered Standing Committee shall be collectively responsible to the Municipal Corporation or the Municipal Council or the Nagar Panchayat, as the case may be.

6. Learned counsel for the intervenors submit that once an Empowered Standing Committee has been constituted, it shall continue notwithstanding change of Mayor. It is this diametrically opposite stands that are to be resolved by this Court in these proceedings.

7. Any Municipal Corporation by virtue of Section 20 sub-section (2) the Mayor is the Presiding Officer of the Corporation. By virtue of Section 22 of the Act the executive power of the Corporation is to be exercised by the Empowered Standing Committee. The Empowered Standing Committee consists of Mayor, Deputy Mayor and seven other councillors. The Mayor by virtue of Section 21(5) is the Presiding Officer of the Empowered Standing Committee. By virtue of Section 21(7) it is the Empowered Standing Committee which is collectively responsible to the Corporation. From these provisions, it would be seen that the Empowered Standing Committee is a body within the Municipality. In this case, the Municipal Corporation which has to function as one body and one team. I am purposefully saying this because it is the spirit of this that is to be found in sub-secti