IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9727 of 2009 SUNAINA DEVI & ANR Versus THE STATE OF BIHAR & ORS ----------- 02. 13.08.2009 The two petitioners before this Court are duly elected Ward Members of Ward Nos.10 and 21 respectively, which is of Gram Panchayat Sankh, situated within Begusarai Mofussil Police Station, in the district of Begusarai. After the election one Ramleela Devi was declared elected as Mukhiya and she started discharging her responsibility. But all has not been well according to these petitioners. Allegation is that the Mukhiya in collusion with Gram Panchayat Sewak and Rojgar Sewak indulged in large scale misappropriation of fund from the development schemes. There are other irregularities alleged against the Mukhiya, which was brought to the notice of the District Magistrate. An enquiry was ordered by the District Magistrate which, in turn, was entrusted to an Executive Magistrate. The Executive Magistrate submitted enquiry report vide letter no. 2200 dated 22.12.2008 but then nothing seems to have been done by the respondent – District Magistrate on the issue and the matter has been allowed to rest. Though from a plain reading of the enquiry report, it is submitted that prima facie things are amiss which is not denied. The petitioners want the District Magistrate now to forward his findings and the allegation to the State Government for proper adjudication under section 18(5) of the Bihar Gram Panchayat Raj Act, 2006 as amended up-to-date. - 2 - The petitioners seem to be correct to some extent that prima facie certain materials have emerged against the concerned Mukhiya with regard to the functioning and misuse of power by her. The matter is required to be examined under the provisions of section 18(5) of the Act by the competent authority where Mukhiya will be given an opportunity of hearing to explain the charges. The exercise carried out by the District Magistrate will have no meaning if the conclusions are not arrived at one way or the other. Learned counsel representing the State submits that he would like to verify the position whether any follow-up action has been taken or not in the matter for which he prays for some time. No purpose will be served by keeping the writ application pending for a counter affidavit of the kind. Keeping in view that the matter or the ball lies in the court of the District Magistrate, this Court can only observe that if the District Magistrate has taken up action then the matter will rest at that and if not, he would be obliged to take the matter to a logical conclusion by forwarding the complaint and the findings to the competent authority. The Court expects decision within a time-frame. The writ application stands disposed of with the above direction. rkp (Ajay Kumar Tripathi, J)