JUDGMENT

1. Invoking sub-section (5) of Section 70 of Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act') the Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, by an order No. 2490 dated 18.05.2021, has removed the petitioner from the post of Adhyaksha, Zila Parishad, West Champaran. The petitioner has challenged the said order in the present writ application under Article 226 of the Constitution of India.

2. Sub-section (5) of Section 70 of the Act reads as under :-

"(5) Without prejudice to the provisions under this Act, if in opinion of the [Government] having territorial jurisdiction over the Zila Parishad, a Adhyakshaa or the Up Adhyakshaa of Zila Parishad 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 [Government] may, after giving the Adhyakshaa or the Up Adhyakshaa, as the case may be, a reasonable opportunity for explanation, by order, remove such Adhyakshaa or the Up Adhyakshaa, as the case may be, from office.

[provided when a system of Lok Prahari, instituted under sub-section (5) of Section 152 comes into force by a valid notification of the State Government, the Government may only pass order of removal of such Adhyakshaa or Upadhaksha, as the case may be in the light of inquiry and recommendation of Lok Prahari for the removal]

[The Adhyakshaa or Up-Adhyakshaa so removed on the charge of being found guilty of misuse of vested powers or of misconduct in the discharge of his duties shall not be eligible for election to any panchayat bodies till further five years from the date of such removal. The Adhyakshaa or Up-Adhyakshaa so removed on rest of the charges shall not be eligible for re-election as Adhyakshaa or Up-Adhyakshaa during the remaining term of office of such Zila Parishad.]

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

3. From the impugned order, it is evident that two members of the Nagar Parishad had complained to the Additional Chief Secretary in writing on 20.08.2019 alleging that the petitioner had convened only three general meetings from 30.06.2016. Allegation was also made in respect of the petitioner's functioning as Adhyaksha of the Parishad in whimsical, capricious and despotic manner, in the matter of distribution of funds in different regional electoral areas (Pradeshic Nirwachan Kshetrd). On receipt of the complain, response of the District Magistrate, West Champaran was called for. As no report was received from the District Magistrate, reminders were sent on 20.09.2019 and 15.10.2019. Subsequently, by letter dated 22.10.2019, the opinion of Divisional Commissioner, Tirhut Division was solicited, keeping in view the provisions under Bihar Panchayat (Karyalaya Ka Nirikshan Ewam Karyakalapo ki Janch, Paryawekshan Ewam Margdarshan) Rules, 2014. As no report could be received, a reminder was sent to the Divisional Commissioner, Tirhut Division. Subsequently, a writ petition was filed before this Court by one Renu Devi giving rise to CWJC No. 843 of 2020 and in the light of order dated 04.03.2020, passed in the said case by this Court, an action taken report was sought from the Divisional Commissioner. Again, when no report was coming forth from the Divisional Commission, a reminder was sent on 09.03.2020, whereafter the Divisional Commissioner submitted his report dated 21.03.2020, based on the report of the District Magistrate, West Champaran dated 05.03.2020.

4. Based on the report sent by the Divisional Commissioner, Tirhut Division and the District Magistra