RAKESH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Radha Mohan Pandey, learned counsel for the petitioner, Mr. Prateek Kumar Sinha, learned AC to GA-5 for the State of Bihar and Mr. S.B.K. Manglam, learned counsel for respondent No. 7.

(2.) The petitioner was an elected Pramukh of Block Panchayat Samiti, Keshariya, East Champaran. He is aggrieved by an order dtd. 4/1/2021, passed by the Additional Chief Secretary, Panchayat Raj Department, Government of Bihar in exercise of power under Sec. 44(4) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as ..Act..). It is the petitioner..s own case that the said impugned order came to be passed two months before the petitioner..s tenure as Pramukh was coming to an end. It is an admitted position thus that, even if the grounds raised in the writ petition to challenge the impugned order are accepted, he cannot be restored to his position, his tenure having come to an end.

(3.) The petitioner's challenge to the impugned order is mainly on the ground that there was no valid service of notice of the proceeding of his removal in exercise of power under Sec. 44(4) of the Act and, therefore, the action violating principles of natural justice, deserves to be interfered with, in exercise of the power of judicial review under Article 226 of the Constitution of India.