Removal from an Advisory Committee does not invoke disqualification under Section 70(5) of the Bihar Panchayat Raj Act, 2006, as it pertains only to the Zila Parishad.

JUDGMENT :

Rajiv Roy, J.

Heard Mr. Pushkar Narayan Shahi, learned Senior Counsel appearing on behalf of the petitioner, Mr. Bindhyachal Singh, learned Senior Counsel representing the respondent no.8, Mr. Anirban Kundu, learned S.C.-24, Mr. Ravi Ranjan, learned counsel for the State Election Commission and Mr. Sunil Kumar Thakur, learned counsel for the Zila Parishad, Patna.

(A) PRAYER:

2. The petitioner has prayed for grant of the following reliefs:

(i) to issue an appropriate writ, order, direction in the nature of certiorari for quashing of the memo ??. 2261 dated 26/06/2024 issued under the signature of the District Magistrate, Patna;

(ii) to issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to take action in accordance with law and in light of the government notification bearing memo no. 4695 dated 19/08/2021 issued under the signature of the Additional Chief Secretary of Panchayati Raj, Bihar. Patna;

(iii) to issue an appropriate writ, order, direction in the nature of mandamus commanding the respondent to take action against the respondent no. 08 as per the section 70 (5) of the Bihar Panchayat Raj Act.2006;

(iv) to issue an appropriate writ, order, direction in the nature of prohibition restraining the respondent No. 08 from taking any action with regard to the financial matters;

(v) to any other relief for which the petitioner appears to be found entitled by the Hon'ble Court.

(B) PETITIONERS’ CASE:-

3. The case of the petitioner as presented by the learned Senior Counsel, Mr. Shahi is that she is an elected member of the Zila Parishad, Patna while the respondent no.8 is holding the post of the Chairperson of the said Zila Parishad. He submits that while declaring the respondent no. 08 as the elected Chairperson, an important fact has been ignored by the respondents vide the government notification/ memo no. 4695 dated 19/08/2021, the respondent no. 08 was removed from the post of the Chairperson, ‘Advisory Community’, Zila Parishad, Patna for the rest of her tenure issued under the signature of the Additional Chief Secretary, Panchayati Raj Department Bihar, Patna (henceforth for short ‘the Department’) which makes a person ineligible to hold the post of the Member of Zila Parishad for a period of five years from the date of removal from the office as per the provision contained in Section 70(5) of the Bihar Panchayat Raj Act, 2006 (henceforth for short ‘the Act’)

4. Learned Senior Counsel further submits that earlier, the respondent no.8 had preferred C.W.J.C No. 15666 of 2021 challenging the decision of the Deputy Development Commissioner, Patna to convene the meeting of the Zila Parishad which was dismissed by the Division Bench vide an order dated 18/04/2022 holding that she was removed from the office on the ground of misconduct which was not disclosed in the writ petition while challenging the decision.

5. It has further been submitted that in the light of the memo no 2625 dated 19/06/2024 and memo no. 2443 dated 03/06/2024 issued by the State Election Commission, Bihar, Patna, the election was conducted on 26/06/2024 and the very same day, as the newly elected Chairperson has to take oath, the process was completed vide memo no 2261 dated 26/06/2024 issued by the respondent no.6, the District Magistrate, Patna

6. Mr. Shahi further submits that the respondents while following the aforesaid process ignored that the removal of the respondent No. 08 from the office will be governed by section 70(5) of the 'the Act' which debars from contesting any election for the next five years from the date of her removal which in this case is 19.08.2021.

7. The contention is that the respondents acted in an arbitrary manner and thus violated the provisions of ‘the Act’ as also the various orders of the Court wherein it has been held that the Chairman or Vice Chairman so removed on the charge of being found guilty of misconduct shall not be eligible for election to any Panchayat body for the next