IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 3684 of 2011 ==================================================== Amresh Shahi, son of late Ramaji Shahi, resident of Village – Balathari, P.S. Kuchaykote, Dist. – Gopalganj ………………………..…. Petitioner Versus 1. The State Election Commission (Panchayat), Sone Bhawan, Birchand Patel Path, Patna through the State Election Commissioner, 2. The State Election Commissioner, the State Election Commission (Panchayat), Sone Bhawan, Birchand Patel Path, Patna, 3. The Secretary, the State Election Commission (Panchayat), Sone Bhawan, Birchand Patel Path, Patna, 4. Smt. Alpana Devi, W/o Sri Rakesh Shashi, resident of Village Balathari, P.S. Kuchaikote, Dist. – Gopalganj, functioning as the Mukhiya of Gram Panchayat Raj, Bhoptapur, Block Kuchaikote, Dist. – Gopalganj, 5. The State of Bihar through Principal Secretary the Panchayati Raj Dept., Govt. of Bihar, Patna …………………………..….. Respondents. =================================================== APPEARANCE For the petitioner: Mr. S.B.K. Mangalam, Advocate. For the State: Mr. Ajay, SC 11. For the State Election Commission: Mr. R.S. Pradhan and Mr. Sanjeev Nikesh, Advocates. =================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 25.02.2011. The petitioner, a resident of Village – Balathari, District – Gopalganj, has filed this petition under Article 226 of the Constitution in public interest to question the continuance of the respondent no. 4, Smt. Alpana Devi, the 2 Mukhiya of Gram Panchayat Raj, Bhoptapur, Block – Kuchaikote, District – Gopalganj. According to the petitioner, the respondent no. 4 is not qualified to hold the post of Mukhiya. The application made to the State Election Commission under Section 136(2) of the Bihar Panchayat Raj Act, 2006 has not been considered. We are of the opinion that the present petition in public interest is not maintainable. The petitioner may challenge the continuance of the respondent no. 4 as Mukhiya or may seek a direction to the State Election Commission in appropriate proceeding. Subject to the above observation, the petition is disposed of. Dilip ( R.M. Doshit, CJ ) ( Jyoti Saran, J )