1. Heard the learned Counsel for the petitioner, learned Counsel for the State, Zila Parishad and private respondents 3 and 4.

2. The petitioner was elected as a Member of the Zila Parishad, Gaya in 2006 and later as the Chairman of the Zila Parishad on 3.7.2006. Respondent no. 2 in Case No. 39 of 2007 by order dated 20.3.2008 has unseated her from the post of Chairman in exercise of powers under Section 70(5) of the Bihar Panchayat Raj Act 2007 (hereinafter referred to as the Panchayat Act) which reads as follows:

"70. Resignation or Removal of Adhyaksha and Up-Adhyaksha. 5. Without prejudice to the provisions under this Act, if in opinion of the Commissioner having territorial jurisdiction over the Zila Parishad, a Adhyaksha or the Upadhyaksha of Zila Parishad absents himself without sufficient cause for more than three consecutive meetings or sitting or "willfully omits or refused 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 Com-missioner may, after giving the Adhyaksha or the Upadhyaksha, as the case may be, a reasonable opportunity for explanation, by order, remove such Adhyaksha or the Upadhyaksha as the case may be, from office.

The Adhyaksha or Upadhyaksha so removed shall not be eligible for re-election as Adhyaksha or Upadhyaksha during the remaining term of office of such Zila Parishad.

Appeal shall lie before the Member, Board of Revenue against the order of the Commissioner.

(2) An Adhyaksha or Up-adhyaksha removed from the office under sub-section (1) may also be removed by the Government from the membership of the Zila Parishad.

3. Learned Senior Counsel Shri Rajendra Prasad Singh appearing for the petitioner submitted that on 7.1.2008 a show cause notice was issued to the petitioner on a complaint petition. She filed her reply on 10.1.2008. On 4.2.2008 an amendment was made and published to Section 70(5) of the Panchayat Act. The words "Commissioner" was substituted by the words "Government". A second show cause notice followed dated 13.2.2008 issued on 16.2.2008. It was apparent that the earlier show cause notice and the reply were ignored by the authorities who decided to proceed afresh in the matter. Paragraph 14 and 15 of the order dated 13.2.2008 is reflective of fresh application of mind by respondent no. 2 obliterating earlier actions. In view of the amendment having come into operation on 4.2.2008 the show cause notice dated 13.2.2008 was without jurisdiction as the competent authority now was the State Government. The very initiation of the proceeding being without jurisdiction the order dated 20.3.2008 was a nullity. Alternatively, if the proceedings are deemed to have commenced on 7.1.2008 the same lapsed by operation of law on 4.2.2008. He relied upon the following judgments reported in 2000 2 SCC 536 Koihapur Cane Sugar Works Limited & Another V/s. Union of India & Ors., 2002 4 PLJR 151(SC), 1991 BBCJ 459 [: 1991(2) PLJR 325] Bhim Singh V/s. Mohan Lal Agrawal, 1991 0 BBCJ 693 [: 1991(2) PLJR 783(F.B.)] (Gobardhan Lal Soneja V/s. Binod Kumar Sinha & Ors,) and AIR 1976 SC 237 New India Insurance Company Limited V/s. Smt. Shanti Mishra).

4. Learned Senior Counsel Shri Abhay Kumar Singh appearing on behalf of the private respondent no. 3 on whose application the proceedings against the petitioner was initiated conceded that if the proceedings were not initiated against the petitioner before 4.2.2008, the same would not be sustainable and the impugned order shall be bad in law. But if it was initiated prior to the amendment of 4.2.2008 then the proceedings shall be saved under Section 8 of the Bihar and Orissa General Clauses Act. Relying upon a supplementary counter affidavit filed on 14.5.2008 by Annexure 1/3 it was urged that in