S.B.Sinha, J.

1. This application is directed against an order dated 26-2-1993 passed by the District Magistrate, Nalanda whereby and whereunder the petitioner has been declared unfit to discharge his functions Up-Mukhiya purported to be in terms of the provisions of Sec. 79 of the Bihar Panchayat Raj Act (hereinafter referred to as the said Act).

2. The fact of the matter lies in very narrow compass. The petitioner joined Central Co-operative Bank as a Peon and has been working in that capacity since then.

3. The Mukhiya of Karyanna Bindidih Gram Panchayat was removed whereafter the petitioner was elected to the post Executive member of the Panchayat and later on elected to the post of Up-Mukhiya. The petitioner was asked to perform the duties of the Mukhiya by an order dated 11-11-1992 as contained in Annexure-2 to the writ application.

4. However, as noticed hereinbefore, by reason of the impugned order, the District Magistrate had found that he cannot function as a Mukhiya in view of Sec. 79 of the said Act, which reads as follows :-

79. Disqualification of Mukhiya Member of Executive Committee Sarpanch etc.-- (1) Notwithstanding anything contained in this Act a person