IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15653 of 2009 1. KUMKUM DEVI W/O ASHOK KUMAR VILL.- SULTANPUR, P.O.- HASAURI, P.S.- SHEIKHPURA, DISTT.- SHEIKHPURA Versus 1. THE STATE OF BIHAR 2. THE SECRETARY DEPARTMENT OF PANCHAYATI RAJ, BIHAR, PATNA 3. THE STATE ELECTION COMMISSION BIHAR, PATNA THROUGH THE SECRETARY, STATE ELECTION COMMISSION, BIHAR, PATNA 4. THE COMMISSIONER MUNGER DIVISION, MUNGER 5. THE DISTRICT MAGISTRATE-CUM-THE DISTRICT ELECTION OFFICER (PANCHAYAT), SHEIKHPURA 6. THE DISTRICT PANCHAYATI RAJ OFFICER SHEIKHPURA 7. THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER SHEIKHPURA, DISTT.- SHEIKHPURA ----------- For the Petitioner : Mr. Naayan Singh. For the Election Commission : Mr. Sanjeev Nikesh For the State : Mr. Madhukar Mishra, A.C. to G.A.7. 2 23.11.2009 Petitioners claims to be the Upmukhiya of Gagri Gram Panchayat under the district of Sheikhpura. By virtue of order passed by the Election Tribunal, the elected Mukhiya was removed and another person was declared Mukhiya. The Mukhiya, who was removed by the Tribunal, filed a writ petition before this Court. In the writ petition, the person declared elected, who was respondent no.6 therein, was restrained from acting as Mukhiya. The result of those orders is that originally elected Mukhiya has been non- sitted by the Election Tribunal and the Mukhiya, who is declared to be elected has been stayed by this Court. Thus, there is no Mukhiya functioning for the moment. Under the aforesaid circumstances, petitioner had moved the District - 2 - Magistrate- cum Collector, Sheikhpura for necessary direction, so that in absence of Mukhiya, Upmukhiya could perform the function, so that Panchayat does not suffer. Such an application is said to have been field on 7.8.09 (Annexure 4). Petitioner alleges that the Collector, for whatever reason may be, is not passing any order on that application. In my view, law is clear. Once it is found that Mukhiya is unable to perform his unction then the function would ordinarily be performed by the Upmukhiya in absence of Mukhiya unless there is some other valid or legal reason for the same. In case such an application is pending before the Collector, it is only expected that he would take a decision in the matter in accordance with law within two weeks from the time when the order of this Court is field before him. With the aforesaid observations and direction, this application stands disposed of. singh (Navaniti Prasad Singh,J)