R.S.Garg, J.

1. Heard learned counsel for the petitioner, learned counsel for the State and Shri Ajay Kumar Ambastha, learned counsel for the intervener (Up-Mukhiya of Gram Panchayat).

2. The facts necessary for disposal of the present writ application are that the present petitioner who was elected as Mukhiya, vide his letter dated 1.3.2003, addressed to the Block Development Officer, Khagaria, resigned from the office of Mukhiya. However a copy of the said letter was also forwarded to the District Panchayati Raj Officer, Khagaria for Information and necessary action. It appears that in the meanwhile the disputes between the Block Development Officer and the Mukhiya were settled which would be clear from Annexure-5, the petitioner on 4.3.2003 (Annexure-3) again submitted a letter to the Block Development Officer seeking withdrawal of the resignation letter. A copy of the said letter was again forwarded to the District Panchayati Raj Officer for information and necessary action. On 26.3.2003, vide order contained in memo No. 80, the District Panchayati Raj Officer, Khagaria accepted the resignation and directed the Block Development Officer that the charge of the office of