IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6714 of 2008 SMT.RASHMI DEVI Versus THE STATE OF BIHAR & ORS ----------- 5. 17.9.2008 Heard learned counsel for the petitioner and learned counsels for the State, the State Election Commission and Respondent No.10, the newly elected Mukhiya subsequent to the removal of the petitioner from the said post. In the present matter, the petitioner was removed by an order dated 26.12.2007 passed by the Commissioner, Purnia Division under Section 18 (5) of the Bihar Panchayat Raj Act, 2006 on the ground that in the said provision the powers of the Commissioner have now been amended by the Bihar Panchayat Raj (Amendment) Act, 2007, by which the power of removal has been vested exclusively in the State government and the power of the Board of Revenue to hear an appeal against the order of the Commissioner as was conferred earlier under sub -section (6) of Section 18 of the Act has also been deleted. The Member Board of Revenue by order dated 7. 3.2008 has held that he has no authority to hear the case and pass an order and, accordingly, he sent the file to the Department of Panchayat Raj for further action. This Court by order dated 12.9.2008 passed in C.W.J.C. No.9918 of 2008 and four other analogous cases has held that so far as the power of the Board of Revenue to hear an appeal against an order passed by the Commissioner under Section 18 (5) of the unamended Act is concerned, the same has not been divested retrospectively by the subsequent amendment in the Act in the absence of any express 2 intention to that effect by the Amending Act. In the aforesaid view of the matter, the writ application is disposed of and the matter is remitted to the Member, Board of Revenue to hear Appeal No.7 of 2008 filed by the petitioner in accordance with law and dispose of the same within a period of two months from today. It is made clear that the order having been passed in the presence of Respondent No.10, Smt. Sita Devi, who has been elected on the post of Mukhia vacated by the removal of the petitioner, the petitioner shall implead the said Respondent No.10 as a party in the appeal before the Board of Revenue and no notice would be required to be issued to Respondent No.10 who shall, on her own, appear in the matter before the Board of Revenue on or before Ist October, 2008. VPS ( Ramesh Kumar Datta,J.)