Advocates:
['Rajesh Kumar', '', 'Lakshmi Kant Sharma', 'Rakesh Kumar Sharma', 'LALIT KISHORE AG', '', 'Ajay GA']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7953 of 2020

==============================================

Vijay Kumar Das Son of Late Ramdayal Ram, Resident of Village -

Bishrampur (Chamardih), P.S. Aurangabad Muffasil, District- Aurangabad.

... ... Petitioner

Versus

1.

The State of Bihar through the Additional Chief Secretary, Panchayat

Raj Department, Government of Bihar, Patna.

2.

The Officer - on - Special Duty, Panchayat Raj Department, Government

of Bihar, Patna.

3.

The Monitoring Officer, Panchayat Raj Department, Government of

Bihar, Patna.

4.

The District Magistrate, Aurangabad.

5.

The District Panchayat Raj Officer, Aurangabad.

6.

The Block Development Officer, Deo, Aurangabad.

... ... Respondents

==============================================

Appearance :

For the Petitioner/s

:

Mr. Ramakant Sharma

Mr.Rajesh Kumar

For the Respondent/s

:

Mr. Krishna Chandra

==============================================

CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

ORAL ORDER

5

21-01-2021

1.

Heard Mr. Ramakant Sharma, learned senior counsel

for the petitioner and Mr. Krishna Chandra, learned counsel

for the respondent /State.

2.

The petitioner has been removed from the post of

Mukhiya by the impugned order.

3.

The Additional Chief Secretary, Panchayat Raj

Department, Govt. of Bihar, has invoked the provisions

contained in sub-section 5 of Section 18 of the Bihar

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Panchayat Raj Act, 2006 and has directed for removal of

the petitioner from the post of Mukhiya with the result that

he has been rendered ineligible for election to any Panchayat

body / bodies till further five years from the date of such

removal.

4.

Without adverting to the merits of the decision, which

is impugned in the present petition, Mr. Sharma, learned

senior counsel for the petitioner has referred to provisions

contained in Section 18 (5) of the Bihar Panchayat Raj Act,

2006 (hereinafter referred to as “the Act”) and has

submitted that there was no occasion for the signatory of the

order to have invoked the aforesaid provision. He further

submits that grave civil and evil consequences have ensued

in case of removal of the petitioner from the post of Mukhiya

on the ground of misconduct in the discharge of his duty. In

that event, every opportunity should have been given to the

petitioner to show his cause and defend himself. That not

having been done, the order suffers from an incurable vice of

the order having been passed without ample opportunity to

the petitioner, to his disadvantage.

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5.

Section 18 sub-clause (5) of the Act, reads as

hereunder:-

“(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 an authority established by

law] 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 Mukhiya or Up-

Mukhiya a reasonable opportunity for explanation, by

order, remove such Mukhiya or Up-Mukhiya, 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

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Mukhiya or Up-Mukhiya, as the case may be,