IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15062 of 2009 ----------- 1. Motilal Sah, son of late Joki Sah, resident of village Sonahula Chandrabhan, P.S. Gopalpur, District Gopalganj. 2. Nagmani Mishra, son of Bipin Mishra, resident of village Dhebawa, P.S. Gopalpur, District Gopalganj. ……. Petitioners versus 1. The State of Bihar 2. The District Magistrate, Gopalganj 3. The District Panchayat Raj Officer, Gopalganj 4. The Circle Officer, Kuchaikote, Gopalganj 5. TRhe State Election Commission through its Secretary, Patna. ------- For the Petitioner : Mr.Vishwajeet Kumar Mishra, Advocate For the State : Mrs. Shalini Raut, AC to G.A. V For the State Election Commission : Mr. Sanjeev Nikash, Advocate. ------- 03/ 05.07.2010 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the State Election Commission. 2. This petition has been filed by the petitioners for removing the present elected Mukhiya of Bankata, Kuchaikote (Gopalganj) (respondent no 7), who was elected on the basis of a certificate of Churihar caste but subsequently the said caste certificate had been cancelled by the appropriate authorities. 3. Learned counsel for the petitioners submits that the said caste certificate was cancelled more than 30 days after the election of respondent no.7 to the post of Mukhiya of the said Gram Panchayat and hence he was unable to file any election petition due to limitation of 30 days and had no remedy but to file the instant 2 writ petition. 4. On the other hand, learned counsel for the State Election Commission submits that by Bihar Act 6, 2006, sub- section (2) of Section 136(2) of the Bihar Panchayat Raj Act had been amended, which now reads as follows :- “If any question arises as to whether Member of Panchayat at any level including Mukhiya of Gram Panchayat, Pramukh of Panchayat Samiti or Adhyaksh of Zila Parishad or Sarpanch of Gram Kutchahry or Panch of Gram Kutchahry was disqualified before election or has incurred disqualification after election as provided in Article 243-F of Constitution of India and subject to any disqualifications mentioned in Section 135 or sub-section (1) of Section 136, the question shall be referred for the decision of State Election Commissioner. The matter of disqualification before or after election may be brought to the notice of State Election Commission in the form of complaint, application or information by any person or authority. The State Election Commission may also take suo motu cognizance of such disqualification and decide such matters expeditiously after allowing sufficient opportunity to the affected parties of being heard: Provided that the State Election Commission shall not be entitled to entertain any complaint or petition subject matter of which is purely an election dispute such as corrupt practice, wrongful rejection of nomination etc. In accordance with Article 243-O of the Constitution of India read with Section 137 of the Act.” 5. In view of the aforesaid amendment, learned counsel for the petitioners seeks permission to file an application before the State Election Commission for removal of the aforesaid Mukhiya (respondent no.7). 6. Accordingly, this petition is dismissed as withdrawn with the aforesaid liberty to the petitioners. However, it may be mentioned that the State Election Commission will decide the matter expeditiously in accordance with law on its own merit without being 3 influenced by this order as this Court has not considered the merit of the case. . MPS/ ( S. N. Hussain, J. )