IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4512 of 2010 1. Ajay Kumar Sinha S/O Late Tarni Prasad R/O Nabinagar, P.O. + P.S.- Nabinagar, Distt.- Aurangabad – Petitioner. Versus 1. The State Of Bihar 2. The Principal Secretary Urban Development Department, Government Of Bihar, Patna 3. The District Magistrate Aurangabad 4. The Block Development Officer-Cum-Executive Officer Nagar Panchayat, Nabinagar, Distt.- Aurangabad 5. Sudhir Kumar, Block Development Officer-Cum-Executive Officer Nagar Panchayat, Distt.- Aurangabad – Respondents. 3 16.12.2011 Heard learned counsel for the petitioner and the State. The main grievance of the petitioner in this writ petition is that the Executive Officer, Nagar Panchayat, Nabinagar, district Aurangabad is purportedly exercising his powers as an Executive Officer without taking into confidence the Empowered Standing Committee of the Municipality. By section 21 of the Bihar Municipal Act, an Executive Committee of the Municipality has been created. It consists of persons mentioned in sub-clauses (2) to (5) of section 21 of the Act. Sub-clause (5) indicates that the Chief Councilor shall be the presiding officer of the Empowered Standing Committee. The manner in which they have to perform the business shall be such as may be prescribed and the Empowered Committee will be collectively responsible to the Municipal Corporation or the Nagar Panchayat as the case may be. It has been specifically provided in section 22 of the Act that subject to the provisions of the Act, the Rules and the regulations, the executive power of the Municipality shall be exercised by the Empowered Standing Committee. This leads to the conclusion that 2 the Empowered Standing Committee conducts all the business of the Municipality as provided under the Act, the Rules and the regulations. It is expected that the Executive Officer and the other office bearers of the Municipality should function in accordance with the Act. A copy of this order may be brought to the notice of the Executive Officer and other persons concerned by the petitioner. This writ petition is disposed of with the aforesaid observation. haque ( Sheema Ali Khan, J .)