SAGUFTA PARWEEN W/O MD.MURSHID Vs. STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT AND HOUSING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

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.