IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.10414 OF 2011 BEBI DEVI VILLAGE POST OFFICE GORAKHARI POLICE STATION BIKRAM, PATNA. VERSUS 1. THE STATE OF BIHAR 2. STATE ELECTION COMMISSION BIHAR 3. DISTRICT MAGISTRATE, PATNA 4. SDM PALIGANJ 5. SRI MANOJ KUMAR RETURNING OFFICER BIKRAM BLOCK CUM ADM PATNA. 6. SRI SANGITA DEVI, POST GORAKHRI POLICE STATION BIKRAM. ----------- FOR THE PETITIONER MR.RAJIV VERMA, SR.ADVOCATE FOR THE COMMISSION MR SANJEEV NIKESH, ADVOCATE FOR THE PVT RESPONDENT MR SUNIL KUMAR,ADVOCATE ------------- 2. 10.08.2011. Heard the petitioner, the Commission and the private respondent. The instant writ petition is directed against order dated 15.6.2011, passed by the Munsif cum Election Tribunal at Danapur in Misc. Election Case No. 3 of 2011, whereby the learned Munsif, Danapur has restrained the Returning officer and the Assistant Returning officer, Bikram, Patna from administering oath of the petitioner to the post of Mukhia of Gorakhri Gram Panchayat, Block and Police station Bikram, District Patna. The petitioner states that neither the Bihar Panchayat Raj Act, 2006 nor Bihar Raj Panchayat 2 Election Rules, 2006 empowers the Election Tribunal to restrain the duly elected Mukhia from taking oath as an interim measure. The petitioner in support of his submissions has relied upon order dated 17.7.2001, passed by a bench of this Court in C.W.J.C.No. 7362 of 2001, contained in annexure 6. Learned counsel submits that in the aforesaid case, the tribunal by interim order had restrained the elected Mukhia from taking oath in Election petition. The learned single judge quashed the interim order as being without jurisdiction. restraining taking of oath. The reasoning given in the aforesaid case would equally apply in this case. In the result, the impugned order dated 16.6.2011, passed in Misc.case no. 3 of 2011 is set aside with direction to the Munsif, Danapur hearing Election petition no. 3 of 2011 to dispose of the same, preferably within six months from the date of receipt/production of a copy of this order. The parties would cooperate. The writ petition is disposed of accordingly. Shashi. (Samarendra Pratap Singh, J.)