IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12645 of 2005 MUNNI DEVI WIFE OF GOPAL PRASAD PRAJAPATI RESIDENT OF MUHALLA MANDAI, WARD NO. 24, P.S. SASARAM, DISTRICT ROHTAS Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR SOCIAL WELFARE DIRECTORATE, INDRA BHAWAN, PATNA. 3. THE COMMISSIONER CUM SECRETARY, WELFARE DEPARTMENT, BIHAR, PATNA. 4. THE CHILD DEVELOPMENT PROJECT OFFICER, SASARAM. 5. THE COLLECTOR, SASARAM 6. THE ADDITIONAL COLLECTOR, SASARAM 7. THE SUB-DIVISIONAL OFFICER, SASARAM 8. THE BLOCK DEVELOPMENT OFFICER, SASARAM 9. WARD COMMISSIONER, WARD NO. 24, P.S. SASARAM 10. MEENA DEVI WIFE OF SUNIL KUMAR, P.S. SASARAM, DISTRICT ROHTAS. ----------- 3 16/09/2010 Heard learned counsel for the petitioner and learned counsel for the State. It has clearly emerged from the pleadings and the evidence that the so called meeting conducted for appointment of Angan Bari Sevika/Sahayika was presided over by an Ex Ward Commissioner and the so called Chairman of the district unit belonging to a political party. Obviously, he has no capacity to preside over such a meeting. Merely because the elected Ward Councillor did not appear for a few meeting, the law does - 2 - not envisage such a meeting to be presided by a non entity who is not an elected local authority within the Panchayat Act whatever be his status otherwise in the society. Obviously the whole process of selection and appointment was wrong and initiated, therefore, had to be undone. In the above stated circumstance coupled with the fact that after a proper meeting fresh selection of candidate has been made there is no occasion for interference in this writ application. This writ application is accordingly dismissed. AMIN/ (Ajay Kumar Tripathi, J.)