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ANJANI KUMAR SHARAN
Anuj Kumar, son of Saryug Chaudhary – Appellant
Versus
State of Bihar through Chief Secretary, Government of Bihar, Patna – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The petitioner is an elected Mukhiya of Patharaura Gram Panchayat, under Rajgir Block, in Nalanda district which was held in the year 2016. He challenging the order dated 03.08.2020, passed by the Additional Chief Secretary, Panchayati Raj Department, Government of Bihar (respondent no.2), vide letter no.4817 dated 19.08.2020 (Annexure-P10 to the writ petition) by which the petitioner was removed from the post of Mukhiya under the provision of Section 18 (5) of the Bihar Panchayati Raj Act, 2006 (hereinafter referred to as the ‘Act’ for the sake of brevity) and for other ancillary reliefs.
3. Learned counsel for the petitioner submits that ex-Mukhiya of Patharaura Gram Panchayat, namely Ranjeet Kumar and his friend Sagar Paswan made an application dated 24.12.2018 before the District Magistrate, Nalanda, with respect to remove the petitioner from his elected post as Mukhiya under Section 18 (5) of Bihar Panchayati Raj Act, 2006, alleging of financial irregularities and accusation of bribery case. Pursuant to above application, the District Magistrate, Nalanda, forwarded to Deputy Deve
The court established that the petitioner's involvement in financial irregularities and bribery constituted gross misconduct under Section 18 (5) of the Bihar Panchayati Raj Act, 2006.
Subjective satisfaction of the Commissioner on disgraceful conduct justifies disqualification without a conviction under the Maharashtra Village Panchayats Act.
Removal of an elected representative requires proof of willful misconduct and adherence to principles of natural justice, not just allegations of negligence.
Removal of elected officials requires adherence to principles of natural justice, including providing reasons for decisions and allowing for rebuttal of charges, failing which the order is unsustaina....
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