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2010 Supreme(Pat) 229

NAVANITI PRASAD SINGH
Sagufta Parween W/o Md. Murshid – Appellant
Versus
State Of Bihar Through The Principal Secretary, Urban Development And Housing Department, Government Of Bihar, Patna – Respondent


JUDGEMENT

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

















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