IN THE HIGH COURT OF JUDICATURE AT PATNA

CWJC No. 14505 of 2010

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1. Siyamani Devi, W/o Dayanand Yadav, R/o Village – Panditpur, P.S.

Shakurabad, Distt. – Jehanabad, presently Ward Member of Ward

No. 11, Sheshamba Panchayat,

2. Bala Lakhander Yadav, S/o Sri Ram Bhajan Yadav, R/o Village –

Panditpur, P.S. Shakurabad, Distt. Jehanabad ………….. Petitioners

Versus

1. The State of Bihar,

2. Secretary, Department of Panchayati Raj, Bihar, Patna,

3. Director, Department of Panchayati Raj, Bihar, Patna,

4. Dy. Director (Election), Department of Panchayati Raj, Bihar, Patna,

5. Commissioner, Magadh Division, Gaya,

6. District Magistrate, Jehanabad,

7. District Panchayat Raj Officer, Jehanabad,

8. Dy. Development Commissioner, Jehanabad,

9. Sub Divisional Officer, Jehanabad,

10. Block Development Officer, Ratni Faridpur, Jehanabad,

11. Smt. Fatma Khatoon, the Mukhiya, Gram Panchayat Sheshamba

Block Ratni Faridpur, Distt. – Jehanabad …………… Respondents.

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APPEARANCE

For the petitioners: Mr. Rana Pratap Singh, Advocate.

For the State:

Mr. Manu Shanker Mishra, GP X and

Mr. Shambhu Nath, AC to GP X.

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CORAM: HONOURABLE THE CHIEF JUSTICE

And

HONOURABLE MR. JUSTICE JYOTI SARAN

ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

4.

02.11.2010.

This

petition

under

Article

226

of

the

Constitution in public interest is filed by Siyamani Devi

2

and one Bala Lakhander Yadav, both residents of Village –

Panditpur, P.S. Shakurabad, Distt. – Jehanabad.

It is the complaint of the petitioners that the

respondent no. 11 Smt. Fatma Khatoon, Mukhiya, Gram

Panchayat – Sheshamba, Block - Ratni Faridpur, District –

Jehanabad has failed to act as a Mukhiya and has indulged

into activities amounting to abuse of her authority. A

complaint has been lodged against her. The District

Magistrate, Jehanabad as far back as on 20^th April 2010

made a report indicating the irregularities committed by the

said Mukhiya. Nevertheless, the State Government has

failed to exercise the power vested in it under Section

18(5) of the Bihar Panchayat Raj Act, 2006.

There is no dispute that no decision has been

taken by the State Government upon the aforesaid report

dated 20^th April 2010 made by the District Magistrate.

The State Government is directed to consider the

report dated 20^th April 2010 submitted by the District

Magistrate, Jehanabad in respect of the conduct of the

respondent no. 11, the Mukhiya of Sheshamba Gram

Panchayat and to make appropriate order in accordance

with law within six weeks from today.

Subject to the above direction, the writ petition is

disposed of.

Dilip

( R.M. Doshit, CJ )

( Jyoti Saran, J )