KAUSHAL KISHOR VERMA Vs. STATE

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 State, on the other hand, submitted that though there are no provisions in the Act to meet such an exigency, but the Respondent -Collector had defended his order by detailing the misconduct committed by the petitioner. The respondent No. 5 who has been asked by the Collector to discharge the function as a Mukhiya has also supported the order and while opposing the writ application submitted that though there is no provision in the Act but the doctrine of necessity required the District Magistrate/Collector to issue such an order.