NARAYAN LAL VISWAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) The petitioner successfully contested elections for the post of Mukhiya in the Gram Panchayat- Pothia Mangauli Gram Panchayat Block- Amour, District- Purnea. He is aggrieved by the order dated 5.10.2007 passed by the Commissioner, Purnea Division, unseating him from his elected post in exercise of powers under Section- 18(5) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the Act). His appeal before the Board of Revenue No.47 of 2007 has been dismissed on 4.8.2009.

(3.) It is submitted that the petitioner as the Mukhiya was the Chairman of a Selection Committee for appointment of teachers. A person holding Maulvi qualification came to be appointed against a general seat. The matter was brought to attention by the District Superintendent of Education on 8.6.2007. No sooner that the error was detected, a fresh meeting of the Selection Committee was held on 4.6.2007 and the fault rectified by cancelling the appointment. This was a suo motu action by the Committee which the petitioner headed. Thus, there was no justification for a show cause issued to him subsequently on 28.8.2007 on allegations of abuse of powers or misconduct. The petitioner filed his reply to the show cause pointing out that no sooner was the error detected, it was rectified. This aspect has not even been noticed by the Commissioner in his order dated 5.10.2007. The admission of the mistake by the petitioner, has been held by the Commissioner and the Appellate Authority to be conclusive, holding that but for the District Superintendent of Education pointing out the wrong the petitioner was not inclined to take action. There is no material in support of this finding.