IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14108 of 2009 1. ROZA KHATOON W/O SHEIKH WAZIR BIRNAGAR TOLA TAPRA, P.S-BHARGAMA, DISTT- ARARIA Versus 1. THE STATE OF BIHAR 2. STATE ELECTION COMMISSIONER BIHAR, PATNA 3. DISTRICT MAGISTRTE ARARIA 4. SUB DIVISIONAL OFFICER FORBISGANJ, DITT- ARARIA 5. BLOCK DEVELOPMENT OFFICER BHARGAWA, P.S AND DITT- ARARIA 6. ANCHAL ADHIKARI BHARGAWA, ARARIA 7. RAHINA KHATOON W/O IRFAN NOORI, S/O BAISU PATTI P.S-BHARGAMA, DISTT- ARARIA 8. PANCHAYAT SECRETARY BIRNAGAR, EAST GRAM PANCHAYAT ----------- 2 11.11.2009 The petitioner is an elected Mukhiya of Bir Nagar East Gram Panchayat, District- Araria. She challenges Annexures 9 and 10 being directions of the Block Development Officer, Bhargawa and the Chief Executive Officer to employees of the Gram Panchayat not to co-operate with the petitioner. Ordinarily, this Court disapproved any such action on the ground that such an action would be totally unauthorized but in the special facts of the present case the order is not being interfered with . It is not in dispute that the petitioner is an accused in a case, which is for a cognizable offence. The case primarily is for obtaining a false certificate of extremely backward class to contest the election of Mukhiya. Mr. Yogesh Chandra Verma, learned counsel for the petitioner submits that this case is out and out false and malafide. It has been instituted only with the malafide purpose to oust the petitioner. Unfortunately, it is not open for this Court to go into that question at this stage. Suffice to say that the petitioner is an accused 2 in a case for a non cognizable offence and has not even secured bail/anticipatory bail. Permitting a Mukhiya, who is an accused and who has not submitted to judicial custody or the custody of the Court as yet, would be a mockery of democracy. It would only set bad and unhealthy precedent. For the reasons aforesaid, I am not inclined to interfere in the matter . However, once the petitioner securing her liberty, no such directions would continue to operate. With the aforesaid observations this application is dismissed. Singh (Navaniti Prasad Singh, J.)