IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16807 of 2009 1. SANJAY KUMAR SINGH S/O SRI SITA RAM SINGH, R/O VILL- SHAMBHUCHAK, P.S- KALYANPUR, DISTT- EAST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. SECRETARY, PANCHAYATI RAJ, GOVT. OF BIHAR, PATNA 3. ELECTION COMMISSIONER, BIHAR PATNA THROUGH ITS SECRETARY 4. DISTRICT ELECTION OFFICER-CUM-COLLECTOR, EAST CHAMPARAN, MOTIHARI 5. DISTRICT PANCHAYAT RAJ OFFICER, EAST CHAMPARAN, MOTIHARI 6. S.D.O. CHAKIA EAST CHAMPARAN 7. BLOCK DEVELOPMENT OFFICER, KALYANPUR, P.S- KALYANPUR, DISTT- EAST CHAMPARAN 8. SUPERINTENDENT OF POLICE, EAST CHAMPARAN, MOTIHARI 9. DEPUTY SUPERINTENDENT OF POLICE, CHAKIA, EST CHAMPARAN 10. OFFICER-IN-CHARGE, POLICE STATION, KALYANPUR, DISTT- EAST CHAMPARAN 11. SMT. GITA DEVI MUKHIYA, GRAM PANCHAYAT RAJ, SHAMBHUCHAK, P.S- KALYANPUR, DISTT- EAST CHAMPARNA ----------- 03. 04.01.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is stated to be resident of the Gram Panchayat Road Shambhuchak P.S.- Kalyanpur. He seeks removal of the elected Mukhiya on the ground that she is an accused in criminal case and is absconding hindering development works in the Panchayat. Learned counsel for the State rightly submits that the petitioner has adequate alternative remedy available by either approaching the elected representatives for tabling of a “No Confidence Motion” against the Mukhiya or by moving the State Government under 2 Section 18 (5) of the Bihar Panchayati Raj Act. In that view of the matter, leave is sought to withdraw the application to pursue alternative appropriate remedy. Nothing in this order shall be construed as any opinion or observation on the merits of the matter which has to be decided by the appropriate Forum which the petitioner may choose in accordance with law. The application is dismissed as withdrawn with the aforesaid observation. P.K ( Navin Sinha, J.)