Rajiv Roy, J.—Heard learned counsel for the parties.

2. The petitioner has preferred the present petition for following reliefs:—

(i) for declaring the Respondent no.8 disqualified to hold the post of Ward Member of Gram Panchayat Raj Bhagwanpur Territorial Constituency No.14 under Jokihat Block of Araria District on the ground that:

(a) the Respondent no.8 is absconding in a criminal case i.e. Case No.2556 of 2015 pending in the court of learned Additional Chief Judicial Magistrate III. Varanasi since 2015 for more than six months;

(b) he had not mentioned about this case in his affidavit filed in Schedule-IIIA along with his nomination paper before the Returning Officer;

(ii) for a further declaration that absconders for more than six months are not entitled to hold the elected post of grass root democracy, whether it is rural or urban the Respondent no.8 is also disqualified to hold the post if he is absconding in a criminal case since 2015;

(iii) for issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent State Election Commission to hold a fresh election in Ward No. 14 of Gram Panchayat Raj, Bhagwanpur, if on consideration, the Respondent no.8 is declared disqualified to hold the post;

(iv) for issuance of any other appropriate writ/writs,order/ orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case.

3. The matrix of facts giving rise to the present petition is/are as follows:

(i) the matter relates to Gram Panchayat Raj, Bhagwanpur, Jokihat Block in the district of Araria from where the respondent no. 8 had filed his nomination for the post of Ward Member of Ward No. 14 in 2021 Panchayat election;

(ii) during the scrutiny of the nomination which was scheduled for 05.11.2021, the petitioner filed his objection before the Returning Officer alleging that:

(a) the respondent no. 8 is an accused in Cr. Case no. 2556 of 2015 pending before the learned ACJM III, Varanasi under Sections 452, 323, 504 and 506 of the I.P.C. and is absconding since 2015;

(b) he has not disclosed the criminal case pending against him in his nomination paper;

(iii) however, the Returning Officer without issuing show cause notice to the respondent no. 8 returned the petitioner’s objection and accepted his nomination paper;

(iv) he, thereafter sent copy of the said objection to the State Election Commission (hereinafter for short ‘the SEC’) which in turn took up the matter and vide letter no. 76747 dated 25.11.2021 directed the District Election Officer to hold an inquiry and do the needful.

(v) in the meantime, the election process took place whereafter the respondent no. 8 was declared elected as Ward Member from Ward No. 14.

(vi) left with no remedy, the present petition has been filed.

4. Mr. S.B.K. Manglam, learned counsel appearing for the petitioner submits that as per section 18(5) of the Bihar Panchayat Raj Act, 2006, (hereinafter for short ‘the Act’) it is to be noted that if a Gram Panchayat ‘Mukhiya’ or ‘Up-Mukhiya’ absents without sufficient cause from the specific meeting or sittings or wilfully omits or refuse to perform his duty and functions under this Act or is absconding being an accused in criminal case from more than six months, the Government can remove the ‘Mukhiya’ or ‘Up-Mukhiya’ after granting reasonable opportunity for explanation from the office.

5. It is appropriate to incorporate section 18(5) of ‘the Act’ for proper appreciation:—

“18 (5) Without prejudice to the provisions under this Act, if, in opinion of the Commissioner having territorial jurisdiction over the Gram Panchayat, a Mukhiya or an Up-Mukhiya of Gram Panchayat 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 [Disobedience of order of a