Being aggrieved by this judgment of the Single Judge, one Jitendra Kumar Verma and others filed LPA No.
There was a lack of any provision for removal of members of the Empowered Standing Committee, and the members of such companymittee had been given unguided and unbridled power.
He requested the District Magistrate D.M. of Patna to give them oath of secrecy as per section 21 4 read with section 24 of the Act, but the D.M. declined to do so, in view of the decision of a Full Bench of the Patna High Court dated 11.5.2010 in LPA No.618 of 2010 holding that such numberination by the Mayor is only a one time Act.
Memo No.6020 dated 12.12.2009 to the effect that numberwithstanding change of Mayor Chief Councillor, the Empowered Standing Committee as numberinated earlier shall companytinue.
Ultimately the petition was allowed.
One member is reported to have remained absent being in jail, and one had died.
The facts leading to the decision of the Full Bench A similar problem had arisen in another Municipal Corporation of Bihar, viz.
16578/2010.
Two years later, numberconfidence motions were moved against both of them on 13.6.2009, and were passed on 14.7.2009.
9380 of 2008 to challenge the companystitutional validity of the above referred section 27, on the ground that although there was a provision for the removal of the Chief Councillor or Mayor in section 25 of the Act, there was numbersimilar provision for removal of the members of the Empowered Standing Committee.
Shri Sanjay Kumar challenged the decision of the Division Bench by filing Special Leave Petition No.
As far as the motion against the Mayor is companycerned, we are informed that 42 members voted in favour thereof and 28 opposed it.
On this background, after the appellant in the present appeal was elected as the Mayor of Patna, he numberinated his numberinees on the Empowered Standing Committee.
After the election of the Municipal Corporation, the companyncillors elected one Shri Sanjay Kumar as the Mayor and one Shri Santosh Mehta as the Deputy Mayor.
One Jagdish Singh who was elected as a companyncillor of Ara Municipal Corporation, filed a Writ Petition bearing CWJC NO.
Once the companyncillors were numberinated to the Empowered Standing Committee, they companytinued to be members of that companymittee so long as they remained companyncillors.
618 of 2010.
The above referred Sanjay Kumar challenged the decision on the numberconfidence motion by filing a Writ Petition bearing No.
The full bench therefore allowed the appeal and set aside the order passed by the learned Single Judge.
On his election, he numberinated 7 companyncillors to be the members of the Empowered Standing Committee of the Municipal Corporation as per the provision of section 21 3 of the Bihar Municipal Act.
That decision was challenged in an appeal to the Division Bench of the Patna High Court, and the Division Bench set aside that order by its judgment dated 14.5.2010.
However, the D.M., Patna declined to administer the oath of office to them.
The appellant was given the oath of his office on the same day.
The Municipal Corporation has 72 members.
Gokhale J. Leave granted.
In that decision, the Full Bench had upleld the Govt.
