REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No. 2843 /2011       

(Arising out of Special Leave Petition (C) No. 21928 of 2010)

Afjal Imam      …Appellant / Petitioner

Versus

State of Bihar & Ors. …Respondents

O R D E R

 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 aside.  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 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 members of the Empowered Standing Committee as provided in the Bihar  

Municipal Act, 2007, in accordance with law.

3. Judgment containing the reasons to follow separately.  

…………..……………………..J.  (  J.M. Panchal )

  …………………………………..J.  ( H.L. Gokhale  )

New Delhi

April 1, 2011

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