NAVIN THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) INITIALLY when the writ application was filed by the petitioner he was erstwhile Mukhiya of Jajuar village in the district of Muzaffarpur. The challenge was to the notice issued by the Director, Panchayat Raj under Section 18(5) of the Bihar Panchayat Raj Act, 2006. But during the pendency of the writ application a final order removing the petitioner from the post has been passed by the Principal Secretary, Panchayati Raj, Govt. of Bihar, which is dated 18.3.2009 and is also now under challenge by way of I.A. No. 1812 of 2009. The impugned order, therefore, is Annexure -5.

(2.) SECTION 18(5) of the Act states as under: - "Without prejudice to the provisions under this Act, if, in opinion of the Commissioner having territorial jurisdiction over the Gram Panchayat, a Mukhiya or an Up -Mukhiya of Gram Panchayat absents himself without sufficient cause for more than three consecutive meetings or sittings or willfully omits or refuses to perform his duties and functions under this Act, or abuses the power vested in him or is found to be guilty of misconduct in the discharge of his duties or becomes physically or mentally incapacitated for performing his duties or is absconding being an accused in a criminal case for more than six months, the Commissioner may, after giving the Mukhiya or Up - Mukhiya a reasonable opportunity for explanation, by order, remove such Mukhiya or Up -Mukhiya, as the case may be, from office. The Mukhiya or Up -Mukhiya so removed shall not be eligible for re -election as Mukhiya or Up -Mukhiya or Member of Gram Panchayat during the remaining term of office of such Gram Panchayat." It is an exercise of power above, as per the amended Act, the Principal Secretary, Panchayati Raj, Govt. of Bihar has ousted the petitioner from the post of Mukhiya for the so -called abuse of power vested in him.

(3.) SUBMISSION of the learned counsel for the petitioner is that the origin to the whole dispute was an application filed before the State Information Commission by one Nilu Jha. During the course of hearing on the question of information the Information Commission went to the extent of directing action to be taken against certain persons who were coming in the way of providing such information. Based on the opinion or the direction of the Information Commission, the Director, Panchayati Raj decided to issue a notice to this petitioner as to why he should not be removed in exercise of power vested in the State Government under Section 18(5).