The high court on Monday paved way for Afzal Imam to take charge as Patna mayor.

Imam, removed from the post through a no-confidence motion brought against him in July, was re-elected to the post on August 11 but formal announcement could not be made as a petition challenging Imam's participation had been filed in Patna High Court.

The court held that Imam was entitled to run for the post second time since the mayor was removed through a no-confidence motion and was not removed by the government and at the same time he was not convicted in any criminal case prior to his removal.

The petitioner, ward councillor Vinay Kumar Pappu, had contended through his writ petition that once removed through no-confidence motion, one could not contest for the post of mayor again. The high court, however, turned down this contention and stated that such a person could contest mayor's election again.

The petitioners had cited Section 25 of the Bihar Municipal Act, 2007, wherein it is stated that the chief councillor or deputy chief councillor removed would not be entitled to again contest the election.

However the same section was amended by the government later in 2011.

Earlier, the bench of Justice Dr Ravi Ranjan, which on September 3 reserved its order in the case, had refused to stay the election of mayor, which was held on August 11. It had ruled that the election result would not be announced till the final disposal of the case.

The principal additional advocate general told the court that the removal of mayor from the office after passing of no-confidence motion under the act is will of the majority, which is in support of such motion. If the same majority of the House again wants to elect him (removed mayor) as chief councillor then no bar can be created for the purpose. He contended that if the mayor is removed in view of no-confidence motion, he does not lose his position as a councillor, therefore, in view of the act, could again be elected by the councillors for filling up the vacancy.

Imam, who was forced out of the mayor's post after he lost the vote of confidence on July 16, claimed victory after the poll on August 11 after his opponent Jeet Kumar conceded defeat blaming massive horse-trading in the election.

Imam did not get a single vote in the July 16 no-confidence vote when 38 out of 42 ward councillors voted against him. Four votes were declared invalid.