- (1.) Leave granted. By the order passed by us on April 1, 2011, we had allowed this appeal. We had, further, observed that we will indicate our reasons by a separate judgment. We do so herein.
(2.) The Bihar Municipal Act, 2007, like other Municipal Acts, provides for the election of the Municipal Councillors, the Mayor or Chief Councillor and the Deputy Mayor/Deputy Chief Councillor. It also provides for an Empowered Standing Committee to exercise the executive power of the Municipality. This committee is supposed to consist of the Mayor, the Deputy Mayor and seven other Councillors nominated by the Mayor/Chief Councillor under section 21 (3) of this Act. Section 27 of this Act provides that the term of office of the Mayor/Chief Councillor and the members of the Empowered Standing Committee shall be co-terminous with the duration of members of the Municipality. The Act provides for the removal of the Mayor/Chief Councillor and the Deputy Mayor/Deputy Chief Councillor under section 25 (4) of the Act by a vote of no confidence, which can be moved only after two years from taking over of the charge of the post. Section 23 (3) of the Act provides for the election of a new Mayor/Chief Councillor when a vacancy arises in the office of Mayor/Chief Councillor on account of death, resignation, removal or otherwise. There is, however, no specific provision for the removal of the members of the Empowered Standing Committee appointed by the earlier Mayor or for nomination of new members on the Committee in their place by the newly elected Mayor/Chief Councillor, thereby leading to an anomalous situation, namely that the Municipal Council will have a new Mayor/Chief Councillor having the confidence of the house, but the members on the Committee nominated by the previous Mayor/Chief Councillor who has lost the confidence of the house will continue to remain on the committee.
(3.) Questions of Law arising in this appeal A question, therefore, arises as to whether the members of the Empowered Standing Committee nominated by a Mayor/Chief Councillor continue in their office or vacate it by implication, when a vacancy arises in the post of a Mayor/Chief Councillor either on account of death, resignation, removal or otherwise, and when a new Mayor/Chief Councillor is elected in that vacancy. This appeal raises the consequential question as to whether section 27 of the Act should be read as it is and without reference to other connected sections, meaning thereby whether the members of the Empowered Standing Committee will continue to hold office (for the entire period of the municipal body) even if the nominator Mayor/Chief Councillor is no longer in the office Or, whether such a reading of section 27 treats a newly elected Mayor dissimilarly, and therefore, whether section 27 of the Act is ultra vires the Constitution of India In that event, can it be saved by reading it down harmoniously by implication in line with and subject to sections 25 (4), 23 (3) and 21 (3) of the Act, thereby holding that the term of nominated members shall be co-terminous with the nominating Mayor, and they will automatically vacate their office when the Mayor nominating them is no longer in the office, and that the newly elected Mayor/Chief Councillor will have the authority to nominate seven members of his choice on the Empowered Standing Committee ;