INDRAJEET MISHRA Vs. STATE

JUDGEMENT

(1.) A Mukhiya has the right to preside over a meeting of the executive committee of the Gram Panchayat in terms of Rule 20 of the Bihar Conduct of Business of Panchayat Rules, 1960. He also has a second or casting vote in case of equality of votes among the members of the executive committee. Does a Mukhiya have the right to exercise the second or casting vote in favour of his son at a meeting of the Executive Committee for appointment to the post of the Chief Officer (Dalpati) of the village Volunteer Force? This is one of the questions failing for consideration in this application.

(2.) The facts of this case can be summarised as follows:

(3.) Finally a meeting of the Executive Committee was held in the Chamber of respondent No. 3 on 26-9-1989 which was attended by six members of the committee, including the Mukhiya. The meeting was presided over by the Mukhiya. The proceedings of the meeting was written down in the form of minutes, a photo stat copy of which has been enclosed as Annexure 6. It is recorded in the minutes that there were applications of five candidates before the Committee and the application of respondent No. 4 was presented to it at the time of meeting. It is however, clarified that from the office records of the District Panchayat Officer, it appeared that the application was submitted on 12-9-1989 itself. From the minutes, it further appears that the members of the Executive Committee were equally divided on the question of selection between the petitioner and respondent No. 4; three members wanted respondent No. 4 while the other three members, including the Mukhiya, were in favour of selecting the petitioner. The minutes then proceed to take note of the qualifications of the two candidates. Thereafter resolution No. 4 records that all the members were advised to make the selection within one hour. It, however, appears that the equal division among the members of the Executive Committee rigidly persisted and neither the petitioner nor respondent No. 4 could get a majority support. Under the circumstances, the members of the Executive Committee agree among themselves to authorise the District Panchayat Raj Officer to make the selection for appointment of Dalpati for the Gram Panchayat. The proceedings of the meeting were thus recorded and were duly signed by the Mukhiya.