REKHA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and for the State.

(2.) The Petitioner, an elected Mukhiya of Gram Panchayat Raj, Madhopur, District-Saran at Chapra is aggrieved by the final order dated 1.12.2009 passed by the Secretary, Department of Panchayat Raj, in exercise of powers under Section 18(5) of the Bihar Panchayat Raj Act (hereinafter called the Act) unseating her from the post on grounds of abuse of power and misconduct.

(3.) Learned Counsel submits that a show cause notice was issued to the Petitioner for alleged illegality in appointment of Panchayat Teachers in 2006. The Petitioner denied that she had signed any documents alleging that her signature, if any, had been forged. She further contended during enquiry by the executive authorities that the documents in question bore the signature of the Panchayat Secretary, alone. Merely because a First Information Report may have been lodged, shall not be sufficient justification to unseat her visiting her with very serious consequences as an elected person.