Harish Kumar, J. – This Court has heard Mr. Y. V. Giri, learned senior counsel duly assisted by Mr. Pranav Kumar, learned counsel representing the petitioner, Mr. S. B. K. Mangalam, learned counsel for the respondent no. 7, Mr. Sanjeev Nikesh, learned counsel assisted by Mr. Girish Pandey, learned counsel for the State Election Commission and Ms. Rashmi Ranjan, learned counsel for the State.

2. The petitioner by invoking the prerogative writ jurisdiction of this Court under Article 226 of the Constitution of India seeking quashing of Memo No. 05/2022 dated 27.03.2023 issued under the signature of the State Election Commissioner by which the petitioner has been removed from the post of Mukhiya, Gram Panchayat Raj, Gahai for purportedly being underage and the District Magistrate, East Champaran, Motihari has been directed to take legal action in terms of Section 125 (Ka)(3) of the Panchayat Raj Act and Sections 177 and 181 of the Indian Penal Code, 1860. The petitioner further sought a direction commanding the respondents not to give effect to the order bearing Memo No. 05/2022 dated 27.03.2023 till final disposal of the writ petition.

3. The short facts, which led to the filing of the