IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14225 of 2006 CHANDRA MANI KUMAR SHAHI Versus THE STATE OF BIHAR & ORS ----------- 3. 3.2.2009 Heard Mr. Pushkar Narain Shahi, learned counsel for the petitioner as also counsel for the respondent Election Commission, State of Bihar and the private respondent Lal Babu Rai. Apparently the grievance of the petitioner as against the election of respondent no.13 on the ground that his nomination was accepted even though he was a absconder in a criminal case must be and is hereby rejected because under section 136 of Bihar Panchayat Raj Act 2006, the pre- election disqualification does not envisage rejection of a nomination of a person who is an untrial prisoner or an absconder in a criminal case. Mr. Shahi, however, has expanded his submissions to the other aspect and he says that the respondent no.13 even after being elected as a Mukhia has continued to be an absconder and therefore, stands incapacitated to function as Mukhia on account of criminal case pending against 2 him. It is in this context that he has referred to and relied on the provisions of section 18(5) of the Act which authorizes the State Government to remove an elected Mukhiya in office who has been absconding for the last six months. Counsel appearing on behalf of respondent no.13, however at this stage has interrupted by taking a stand that respondent no.13 has no longer remained absconding, inasmuch as he has already been granted bail by the competent court in the connected criminal case. Essentially these are the questions of fact and therefore, the petitioner would be well advised to file a fresh representation before the State Government alongwith the evidence and in the event it is found by the State Government that respondent no.13 is still absconding for the last six months, the State Government after affording an opportunity of hearing to Respondent no. 13, will pass an appropriate order in terms of section 18(5) of the Act. This Court would however expect that when such a representation is filed by the petitioner before the State Government 3 alongwith a copy of this order the same would be disposed of within a period of three months from the date of filing of such a representation. With the aforementioned observations and directions this application is disposed of. (Mihir Kumar Jha,J.) Surendra/