RABINDRA PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed challenging order dated 29.4.2009 (Annexure-12) passed by the Principal Secretary, Panchayati Raj Department" Govt, of Bihar, Patna (respondent no. 2) by which the petitioner was removed from the post of Mukhiya, Raj Madhopur Gram Panchayat, Barauli (hereinafter referred to as 'the Gram Panchayat') in the District of Gopalganj under the provision of Section 18(5) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act' for the sake of brevity) and for other ancillary reliefs.

(2.) Earlier CWJC No. 2044 of 2009 was filed by one Phuljhari Devi who was the Up-Mukhiya of Raj Madhopur Gram Panchayat for directing the respondents- authorities to remove the petitioner of the instant case, who was impleaded as respondent no. 8 in the said writ petition, from the post of Mukhiya of the said Gram Panchayat. The said writ petition was heard on 11.2.2009 and was disposed of with a direction to the Principal Secretary of the Panchayati Raj Department, Govt, of Bihar, Patna (respondent no. 2) to hear the parties in dispute and render his opinion within a period of two months from the date of communication/production of a copy of that order. It transpires that only thereafter the impugned order dated 29.4.2009 (Annexure-12) was passed by the Principal Secretary (respondent no. 2) under the provision of Section 18(5) of the Act.

(3.) The instant writ petition has been filed on 15.5.2009 against the said order dated 29.4.2009 and in this case I.A. No. 3571 of 2009 was filed by the petitioner for stay ofelection on the post of Mukhiya of the Gram Panchayat, but the said interlocutory application was rejected by a bench of this court on 8.7.2009. The election for the aforesaid vacant post of Mukhiya was held on 9.7.2009 in which the petitioner did not contest, but his wife- contested and lost, whereas one Vijay Kumar Prasad succeeded in the said election as Mukhiya for the remaining period. This election was not challenged either by the petitioner or his wife under the provisions of Sections 134 and 137 of the Act.