IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 14505 of 2010 =================================================== 1. Siyamani Devi, W/o Dayanand Yadav, R/o Village – Panditpur, P.S. Shakurabad, Distt. – Jehanabad, presently Ward Member of Ward No. 11, Sheshamba Panchayat, 2. Bala Lakhander Yadav, S/o Sri Ram Bhajan Yadav, R/o Village – Panditpur, P.S. Shakurabad, Distt. Jehanabad ………….. Petitioners Versus 1. The State of Bihar, 2. Secretary, Department of Panchayati Raj, Bihar, Patna, 3. Director, Department of Panchayati Raj, Bihar, Patna, 4. Dy. Director (Election), Department of Panchayati Raj, Bihar, Patna, 5. Commissioner, Magadh Division, Gaya, 6. District Magistrate, Jehanabad, 7. District Panchayat Raj Officer, Jehanabad, 8. Dy. Development Commissioner, Jehanabad, 9. Sub Divisional Officer, Jehanabad, 10. Block Development Officer, Ratni Faridpur, Jehanabad, 11. Smt. Fatma Khatoon, the Mukhiya, Gram Panchayat Sheshamba Block Ratni Faridpur, Distt. – Jehanabad …………… Respondents. =================================================== APPEARANCE For the petitioners: Mr. Rana Pratap Singh, Advocate. For the State: Mr. Manu Shanker Mishra, GP X and Mr. Shambhu Nath, AC to GP X. =================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4. 02.11.2010. This petition under Article 226 of the Constitution in public interest is filed by Siyamani Devi 2 and one Bala Lakhander Yadav, both residents of Village – Panditpur, P.S. Shakurabad, Distt. – Jehanabad. It is the complaint of the petitioners that the respondent no. 11 Smt. Fatma Khatoon, Mukhiya, Gram Panchayat – Sheshamba, Block - Ratni Faridpur, District – Jehanabad has failed to act as a Mukhiya and has indulged into activities amounting to abuse of her authority. A complaint has been lodged against her. The District Magistrate, Jehanabad as far back as on 20th April 2010 made a report indicating the irregularities committed by the said Mukhiya. Nevertheless, the State Government has failed to exercise the power vested in it under Section 18(5) of the Bihar Panchayat Raj Act, 2006. There is no dispute that no decision has been taken by the State Government upon the aforesaid report dated 20th April 2010 made by the District Magistrate. The State Government is directed to consider the report dated 20th April 2010 submitted by the District Magistrate, Jehanabad in respect of the conduct of the respondent no. 11, the Mukhiya of Sheshamba Gram Panchayat and to make appropriate order in accordance with law within six weeks from today. Subject to the above direction, the writ petition is disposed of. Dilip ( R.M. Doshit, CJ ) ( Jyoti Saran, J )