FULENA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner was acting as Mukhiya of Chorauli Gram Panchayat within Bhagwanpur Block in the year 1978 and claims that he is holding the office till date. Respondent Nos. 8 to 15 are the elected Members of the Executive Committee of the said Gram Panchayat and Respondent Nos. 16 to 24 are the Members of the Gram Kutchery. According to the petitioner there is no Panchayat Bhawan in Chorauli Gram Panchayat. For want of a Panchayat Bhawan, the Mukhiya and the Members were facing difficulty in holding meeting of the Gram Panchayat and carrying out the other statutory duties.

(2.) IT is stated that in a meeting of the Mukhiya, the Members of the Executive Committee, the Sarpanch and the Panches held on 4.7.1980, it was resolved to construct a Panchayat Bhawan in village Bhikahmpore. The minutes of the said meeting are annexed as Annexure-3 to this writ application. IT seems that subsequent to the said decision in the meeting, by communication contained in Memo No. 5478 dated 8.8.1981, the Director, Panchayat Raj (Respondent No. 2) directed that since an assurance has been given by the Government in Legislative Assembly that Panchayat Bhawan will be constructed only in the headquarters of the Panchayat, the Panchayat Bhawan of Chorauli Gram Panchayat cannot be constructed in village Bhikhampore. Pursuant to the said direction the Block Development Officer, Bhagwanpur Hat, issued letter No. 636 dated 21.8.1981 (Annexure-2) directing the petitioner not to take steps for construction of the Panchayat Bhawan at village Bhikhampore.

(3.) RULE 3 of the said rules reads as under: locating of Panchayat Officer.--(1) The Officer of a Panchayat shall be located at the Panchayat Bhawan of the Panchayat: Provided that if any Panchayat has not got its own Panchayat Bhawan the Office of the Panchayat shall be located at such a place in the Panchayat area as may be unanimously decided in. a meeting of the Mukhiya, the members of the Executive Committee, the Sarpanch and the Panches convened for the purpose and presided over by the District Panchayat Officer: Provided further that if there is a difference of opinion regarding the selection of a place where a Panchayat Bhawan should be located, a decision may be taken by putting the matter to vote in which the District Panchayat Officer shall not have the right to vote and in case of equality of votes, the Mukhiya shall have second or casting vote. (2) The District Panchayat Officer shall inform the Sub-divisional Magistrate and the District Magistrate about the place selected for locating a Panchayat Bhawan. (3) A decision regarding the location of 'Panchayat Bhawan' under Sub-rule (1) shall be final and no appeal shall lie against such decision.