A division bench of Patna High Court on Wednesday upheld Amrawati Devi's election as Patna Municipal Corporation (PMC) deputy mayor. The election took place in November.

Earlier, a single bench of the court had quashed an urban development department's order to remove then deputy mayor Roop Narayan Mehta after which Amrawati was elected in fresh elections.

On December 14, 2015, a single judge bench of the high court of Justice Jyoti Saran had set aside then principal secretary (urban development and housing department) Amrit Lal Meena's order removing Mehta as deputy mayor. Mehta was removed on October 30 on the charge of frequently skipping civic body meetings. He later challenged his removal in the high court.

Justice Saran had ruled that only a minister in-charge, and not the principal secretary, could remove the deputy mayor. Mehta was reinstated and the government issued a letter to this effect on December 29, 2015.

According to Mehta's counsel S.B.K. Mangalam, the division bench of Acting Chief Justice Iqbal Ahmed Ansari and Justice Hemant Gupta on Wednesday said: "Under quasi-judicial function, rules of executive business do not apply. So, the dismissal of Mehta by the principal secretary of urban development department stands justified."

Amrawati was elected deputy mayor on November 30, before the single judge bench order was delivered. She subsequently filed a Letters Patent Appeal (LPA) before a division bench of the same court, headed by Acting Chief Justice Ansari.

On December 22, the division bench passed an order saying: "Considering the matter in its entirety and in the interest of justice, it is hereby, as an interim measure, directed that until further order, parties shall maintain status quo, in respect of the office of the Deputy Mayor, Patna Municipal Corporation."

In its order on January 12, the bench further said: "In the peculiar facts and circumstances of the case, we restrain both Mehta and Amrawati from discharging the functions of deputy mayor of Patna Municipal Corporation and occupying the office in any manner whatsoever till further orders."

With Mehta being reinstated despite the order of the division bench to maintain status quo, Amrawati filed an interlocutory application in the court seeking punishment to the department of urban development for contempt .

Citing earlier Supreme Court orders, the court on Wednesday observed that a "secretary" can also be assumed as "government" and hence can pass the order of removal. His (secretary) order will be deemed to be the government's order, the court observed.