KAUSHAL KISHORE VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner Kaushal Kishor Verma, an elected Mukhiya of Gram Panchayat Khairkhan, Block Forbesganj, Araria, being aggrieved by memo No. 272 dated 19.7.2004, issued by the Collector (annexure-11) restraining the petitioner from exercising his authority as Mukhiya of the Panchayat and requiring Up-Mukhia, the respondent No. 5 in the public interest and the interest of the State so also looking to the administrative exigencies to work as Mukhiya is, before this Court.

(3.) Learned counsel for the petitioner submits that under the Bihar Panchayat Raj Act, an elected Mukhiya can be removed in a particular manner. The State Government is authorised to remove a Mukhiya from the post for misconduct in discharge of his duty only after giving an opportunity of hearing to him. According to him, the order of restrain could not be passed by the Collector under any provision of law.