AJAY KUMAR JALAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners in CWJC No. 20837 of 2021 were elected as Mayor and Deputy Mayor of Darbhanga Municipal Corporation (for short 'the Corporation') and had assumed charge on 9/6/2017. Petitioners of CWJC No. 20827 of 2021 were elected as councilors of the Corporation in 2017. An empowered standing committee of the Corporation was constituted on 21/6/2017 with petitioner No. 1 of CWJC No. 20827 of 2021 as its Chairman and the rest of the petitioners as its members.

(2.) Considering the acts of these petitioners in relation to a decision taken by the said Empowered Standing Committee in its meeting dtd. 28/5/2019, to be gross misconduct, the State Government of Bihar in the exercise of power under Sec. 17(4) and 25(5) of the Bihar Municipal Act (hereinafter referred to as 'the Act') has removed them from their respective positions by two separate orders, both dtd. 6/12/2021, which have been put to challenge in these two applications filed under Article 226 of the Constitution of India.

(3.) Considering that the factual basis for issuance of the impugned order is the same and the issues involved in both the cases are identical, these applications have been heard together with the consent of the parties and are being disposed of by the present common judgment and order.