IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17252 of 2009 1. SURENDRA KUMAR S/O SRI RAMBILASH RAI R/O VILL NAYATOLA(BARIYARPUR), PS.BAKHTIYARPUR, DISTT-PATNA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE PATNA 3. THE DEPUTY DEVELOPMENT COMMISSIONER PATNA 4. THE BLOCK DEVELOPMENT OFFICER BAKHTIYARPUR, PATNA 5. THE PANCHAYAT SEVAK CHAMPA PUR PANCHAYAT, BLOCK BAKHTIYARPUR, DISTT-PATNA 6. THE OFFICER INCHARGE P.S.BAKHTIYARPUR, PATNA 7. SMT. DHANESWARI DEVI W/O RAMDAS MAHTO R/O VILL CHAMPA PUR, P.S.BAKHTIYARPUR,DISTT-PATNA AT PRESENT , MUKHIYA, CHAMPARPUR PANCHAYAT, BLOCK- BAKHTIYARPUR,DISTT-PATNA ----------- 2. 4.1.2011 Heard learned counsel for the petitioner and learned A.C. to G.P.-19 for the State. The petitioner questions the continuance of the Mukhiya of the Champapur Panchayat on the grounds of her absconding due to criminal cases against her, consequent non-participation in the Panchayat hindering development schemes. The petitioner is the resident of the same Panchayat. Counsel for the State rightly raises a preliminary objection with regard to the remedy of moving a No Confidence Motion in accordance with law through the elected representatives in a democracy or moving the State Government under Section 18(5) of the Bihar Panchayat Raj Act, 2006. In that view of the matter, leave is sought to withdraw the application to pursue the 2 appropriate remedies. Nothing in the present order shall be construed as any opinion or observation on the merits of the claim which has necessarily to be adjudicated by the appropriate authority in accordance with law. The writ application is dismissed as withdrawn with the aforesaid observations. P. Kumar ( Navin Sinha, J.)