ANIL KUMAR CHOUBEY SON OF SRI ONKAR NATH CHOUBEY Vs. STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, BIHAR, PATNA

JUDGEMENT

(1.) BY this writ application the petitioner who is the elected Mukhiya of village Panchayat Parmanpur in the District of Buxar challenges the order of the Block Development Officer, Nawanagar dated 17.11.2009 as contained in Annexure -7. By the said order the Block Development Officer has ordered that as the petitioner is not continuing of his duties as Mukhiya, all powers, functions of Mukhiya would henceforth be performed by the Up -Mukhiya in terms of Section 17(2)(b) of the Bihar Panchayat Raj Act, 2006.

(2.) HAVING heard the parties and with their consent the writ application is being disposed off at this stage itself. Learned counsel for the State states that a criminal case was recently instituted against the petitioner. Petitioner had been asked to show cause by the State Government under Section 18(5) of the Act as to why he should not be removed from the post of Mukhiya. It is then submitted that Section 17(2)(b) stipulates that in absence of Mukhiya the power, duties and functions thereof would be performed by the Up -Mukhiya. This, considering the aforesaid fact that the Block Development Officer passed the aforesaid order.

(3.) I am afraid the contention of the State cannot be accepted. It must be remembered that Mukhiyas are elected heads of local self -Government by a democratic process. The Block Development Officer is neither the Controlling Officer nor a superior Officer to that of a Mukhiya. If anything, the Block Development Officer is the Executive Officer of the Gram Panchayat and has to obey the directions and orders of the Gram Panchayat. In that sense he is there to implement orders of the Gram Panchayat and he cannot do the reverse. Patently he lacks any authority which he has chosen to exercise.