IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8871 of 2009 RUBY DEVI, WIFE OF SRI SUBODH SHARMA, R/V BARAHI, P.O. DIHURI, GRAM PANCHAYAT, DIHURI, P.S. GOH, DISTRICT AURANGABAD-----PETITIIONER. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, PANCHAYATI RAJ DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, AURANGABAD, DISTRICT AURANGABAD. 4. THE BLOCK DEVELOPMENT OFFICER, GOH, DISTRICT AURANGABAD. 5. THE SURPUNCH, DIHURI GRAM KACHAHARI, GRAM PANCHAYAT RAJ, DIHURI, BLOCK GOH, DISTRICT AURANGABAD. 6. SMT. MANJU KUMARI, WIFE OF LALAN YADAV @ LALAN KUMAR, RESIDENT OF VILLAGE PAHARIPUR, TOLE SOHALPURA, GRAM PANCHAYAT VERMA KHURD, BLOCK GOH, DISTRICT AURANGABAD-----RESPONDENTS. ----------- 02. 29.07.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order of the Surpanch, Gram Kutchery, Dehuri dated 17.6.2009, Annexure-5 whereunder the appointment of the petitioner as Secretary of the Gram Kutchery, Dehuri has been cancelled in the light of the order of the Principal Secretary, Panchayati Raj Department bearing letter No. 86 dated 7.5.2009 with further direction to appoint Smt. Manju Kumari, wife of Lalan Yadav as the Secretary of the Gram Kutchery, Dehuri. 3. It is submitted on behalf of the petitioner that such direction may have been issued in compliance of the order of the Principal Secretary of the Panchayati Raj Department but the fact remains that Smt. Manju Kumari, who has been directed to be appointed as Panchayat Secretary is not the resident of the gram panchayat concerned, her appointment is in teeth of eligibility qualification as provided under the rules made by the government for such appointment. - 2 - 4. Let the petitioner assail the order of the Surpanch, Gram Kutchery, Dihuri dated 17.6.2009, Annexure-5 on the aforementioned ground by filing representation before the Collector, Aurangabad, who should consider the submission as noted above and if it is true that the appointment of Manju Kumari as Secretary of the Gram Kutchery, Dihuri is in teeth of the eligibility clause of the Rules then pass appropriate orders in accordance with law. Representation in this regard should be considered by the Collector, Aurangabad as early as possible, in any case within one month from the date of its receipt. It shall be open for the Collector, Aurangabad to consider the request of the petitioner for grant of interim relief as it is said that petitioner is already serving as Secretary of the Gram Kutchery, Dihuri. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha,J.)