JAGDISH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is an elected Councillor from Ward No. 43, of Ara Municipal Corporation. By means of this writ petition he seeks to challenge the constitutional validity of Section 27 of the Bihar Municipal Act, 2007 (in short, the Act, 2007).

(2.) THE challenge is on the ground that although there is a provision for removal of Chief Councillor in Section 25 of the Act, there is no provision for removal of members of the empowered standing committee. It is stated that once the Councillor is nominated to the empowered standing committee, he continues to be member of that committee so long as he is Councillor. There is lack of any provision for removal of member of the empowered standing committee and the member of such committee has been given unguided and unbridled power. There are diverse municipal authorities for the purposes of giving effect to the provisions of Act, 2007. for different classes of municipalities. One of such municipal authorities is the empowered standing committee. The constitution of empowered standing committee is provided in Section 21.

(3.) SECTION 21 reads thus: - "21. 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 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 Presiding 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."