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Issues: Whether the term of the members of the Empowered Standing Committee nominated by a Mayor continues after the Mayor ceases to hold office, and whether Section 27 of the Bihar Municipal Act, 2007 must be read down so that a newly elected Mayor can nominate members of the committee.
Analysis: The statutory scheme placed the executive power of the Municipality in the Empowered Standing Committee, whose other members were to be nominated by the Mayor. The provisions governing election and removal of the Mayor, together with the co-terminus tenure clause, had to be read with the nomination power under Section 21(3) so that the scheme of municipal governance remained workable. Reading Section 27 literally would preserve members nominated by a removed Mayor and deny the successor Mayor the power of nomination, creating an anomalous situation, impairing collective responsibility, and treating the successor Mayor differently without justification. Such a construction would also create inconsistency with the statutory scheme and offend Article 14 of the Constitution of India. The proper course was to read Section 27 harmoniously with the connected provisions and to treat the tenure of nominated members as ending when the nominating Mayor leaves office.
Conclusion: Section 27 was read down and made subject to Sections 25(4), 23(3), 21(3) and 21(4) of the Bihar Municipal Act, 2007. The newly elected Mayor was held entitled to nominate the members of the Empowered Standing Committee, and the challenge to the contrary view was accepted.
Ratio Decidendi: Where a statute vests executive power in a committee nominated by an elected office-holder, the provision governing tenure must be construed harmoniously with the provisions for replacement of that office-holder so as to avoid constitutional inequality and preserve the working of the statutory scheme.
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