Supreme Court of India

AFJAL IMAMversusSTATE OF BIHAR & ORS.

Citation: 2011 INSC 253
Decided: 1 April 2011
Disposal: Appeal(s) allowed
Bench: M PANCHALH L GOKHALE

Holding

Section 27 is to be read down harmoniously with Sections 25(4), 23(3), 21(3) and 21(4), and the Mayor and the Empowered Standing Committee members are entitled to exercise all mayoral powers, with the District Magistrate directed to administer the oath of secrecy.

Summary

The appellant, elected Mayor of a municipal corporation under the Bihar Municipal Act, 2007, nominated seven municipal councillors to the Empowered Standing Committee. The dispute centered on whether the mayor and the committee members could exercise all powers of the mayor, and how Section 27 of the Act should be interpreted in relation to Sections 25(4), 23(3), 21(3) and 21(4). The Supreme Court held that Section 27 must be read down harmoniously with the other provisions, thereby entitling the mayor and the committee members to exercise all mayoral powers. The Court also directed the District Magistrate of Patna to administer the oath of secrecy under Section 24 to the seven councillors. Consequently, the appeal was allowed, setting aside the High Court’s decision in part.

Issues considered

Whether Section 27 of the Bihar Municipal Act, 2007, limits the powers of the Mayor and the Empowered Standing Committee members.
Whether the Mayor and the Empowered Standing Committee members are entitled to exercise all powers of the Mayor under the Act.
Whether the District Magistrate must administer the oath of secrecy to the nominated councillors under Section 24.

Legislation cited

Bihar Municipal Act, 2007s. 21(3), s. 21(4), s. 23(3), s. 24, s. 25(4), s. 27

Subjects

Municipal lawMayor powersEmpowered Standing CommitteeStatutory interpretationOath of secrecyBihar Municipal ActMunicipal corporation

Judgment

                        [2011) 4 S.C.R. 174

A                          AFJAL IMAM
                                  v.
                     STATE OF BIHAR & ORS.
                  (Civil Appeal No. 2843 of 2011)

                          APRIL 01, 2011
B
           [J.M. PANCHAL AND H.L. GOKHALE, JJ.]

       Bihar Municipal Act, 2007 - ss. 27, 25 (4), 23(3), 21(3)
  and 21 (4) - Election of appellant as Mayor of Municipal
C Corporation - Appellant nominated seven Municipal
  Councillors to the Empowered Standing Committee -
  Entitlement of the appellant as well as the members of the
  Empowered Standing Committee to exercise all the powers
  as the Mayor and the members of the Empowered Standing
D Committee as provided in the Act - Held: Entitled - Judgment
  containing the reasons to follow separately - s. 27 is to be
  read down harmoniously with ss. 25(4), 23(3), 21 (3) and 21 (4)
  - Direction issued to respondent no. 3-District Magistrate
  Patna, Bihar to administer the oath of secrecy u/s. 24 to the
E seven Municipal Councillors.
        CIVIL APPELLATE JURISDICTION : Civil Appeal No.
    2843 of 2011.

      From the Judgment & Order dated 8.7.2010 of the High
F Court of Judicature of Patna in Civil Writ Jurisdiction Case No.
  9981 of 2010.

       S.B.K. Mangalam, Rajesh Anand, Ashutosh Pande,
    Madhumita Singh, Abhay Kumar for the Appellant.
G       Santosh Mishra, Gopal Singh, Manish Kumar, Chandan
    Kumar, Santosh Kumar TrijJathi, Neeraj Shekhar for the
    Respondents.

        The following Order of the Court was delivered
H                                174
                 '
        AFJAL IMAM v. STATE OF BIHAR & ORS.                    175


                           ORDER                                      A
       1. Leave Granted.

     2. Appeal allowed. Impugned judgment and order passed
by the Division Bench of the Patna High Court in Writ Petition
bearing No.CWJC 9981/2010 dated 8th July, 2010 is set                 B
asic;!~ The said writ petition filed by the appellant herein stands
allowed in part. Section 27 of the Bihar Municipal Act 2007
shall be read down harmoniously with Sections 25 (4), 23 (3),
21 (3) and 21 (4) of the said Act. The respondent no.3, the
District Magistrate Patna, Bihar is directed to administer the        C
oath of secrecy under Section 24 of the Act to the seven
Municipal Councillors nominated by the appellant to the
Empowered Standing Committee. The appellant as well as the
members of the Empowered Standing Committee shall be
entitled to exercise all the powers as the Mayor and the              D
members of the Empowered Standing Committee as provided
in t~e Bihar Municipal Act, 2007, in accordance with law.
       -.
       3. Judgment containing the reasons to follow separately.
N.J.                                            Appeal allowed.·      E

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