BHOLA CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The prayer in this application is for issuance of a writ of quo-warrantoor any appropriate direction for removing respondent No. 3, Shri Shambhu Tiwary from functioning as the Mukhiya of the Dhobni Ramauli Gram Panchayat within the Lauria blok in the District of West Champa- ran and also from the post of Pramukh of the Lauria Panchayat Samiti.

(2.) Dhobni Ramauli Gram Panchayat consisting of seven villages namely Dhobni, Ramauli Sisai, Belwa, Nanhkar, Pakri and Lakar was established on 15-6-1960 under a duly promulgated notification of the Government of Bihar.

(3.) The last election of this Gram Panchayat, as well as of most of the other Gram Panel ayats in the State of Bihar, was held in June, 1978 in which respondent No 3 was elected Mukhiya and one Kari Mahra was nominated as Up-Mukhiya of this Gram Panchayat and an Executive Committee of the Gram Panchayat was also duly constituted in accordance with the provisions of the Bihar Panchayat Raj Act (hereinafter refered to as the Act). By virtue of being Mukhiya, respondent No. 3 automatically became a member of the Lauria Panchayat Samiti as provided under Section 5 of the Bihar Panchayat Samitis and Zila Parishads Act, 1961 (Act 6 of 1962) (hereinafter referred to as the Panchayat Samiti Act). Further, it appears that in due course respondent No. 3 was elected as Pramukh of the Panchayat Samiti as provided under section 8 of the Panchayat Samiti Act. It is the admitted position that after the election in June, 1978 there has been no fresh election in the Gram Panchayats, including the Gram Pancbayats under Lauria Prakhand, in the State of Bihar and as such the persons holding the post of Mukhiya on the basis of the last election, including respondent No.3, are continuing on the said post in accordance with sub-section (2) of Section 11 of the Act which provides that the term of office of the Mukhiya shall be for five years and shall include any further period which may elapse between expiration of the said five years and the date on which another Mukhiya assumes charge of his office.