LAWS(PAT)-2008-9-159

SUGAPATI DEVI Vs. STATE OF BIHAR

Decided On September 11, 2008
Sugapati Devi Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) IN all the five writ petitions the common question which arises is whether the Member, Board of Revenue can hear an appeal filed under Section 18(6) of the Bihar Panchayat Raj Act. 2006 in four cases and Section 70(5) of the said Act in CWJC No. 5814/2008 after coming into force of the Bihar Panchayat Raj (Amendment) Act, 2007 with effect from 4.2.2008, by which the powers of the Commissioner to direct such removal have become vested in the State Government and the provisions regarding the appeal from the order of the Commissioner have been deleted.

(3.) THE representative facts may be taken from CWJC No. 9918/2008. The petitioner in the said case was elected as Mukhiya on 26.6.2006. Subsequently a report was submitted before the Divisional Commissioner, Magadh Division, Gaya by the District Magistrate, Aurangabad containing certain allegations against the petitioner. On the basis of the said report, the Commissioner passed the impugned order dated 4.11.2007 under Section 18(5) (Annexure -9) dismissing the petitioner from the office of Mukhiya. Since the original provision of Section 18(6) contained in the Bihar Panchayat Raj Act provided for filing an appeal against such an order before the Member, Board of Revenue, the petitioner preferred an appeal bearing case No. 55/2007 challenging the validity of the order dated 14.11.2007 on 13.12.2007. By order dated 28.12.2007 of the Member, Board of Revenue, the appeal was admitted and the order of the Divisional Commissioner, Magadh Division, Gaya was stayed.