IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17809 of 2009 1. SANT PRASAD SAHNI S/O LATE RAM NAWMI SAHNI R/O VILL.- KALYANPUR HARAUNA, P.S.- MOTIPUR, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR THROUGH THE STATE ELECTION COMMISSION BIHAR, PATNA 2. THE STATE ELECTION COMMISSION BIHAR, PATNA 3. THE COMMISSIONER TRIHUT DIVISION, MUZAFFARPUR 4. THE DISTRICT MAGISTRATE MUZAFFARPUR 5. THE DISTRICT PANCHAYATI RAJ OFFICER MUZAFFARPUR 6. THE BLOCK DEVELOPMENT OFFICER MOTIPUR, DISTT.- MUZAFFARPUR 7. THE BLOCK PANCHAYAT SUPERVISOR MOTIPUR, DISTT.- MUZAFFARPUR 8. SMT. SUMITRA DEVI W/O SRI NIRMAL PD. KUSHWAHA R/O VILL.- KALAYANPUR HARAUNA, GRAM PANCHAYAT RAJ KALYANPUR HARAUNA, P.S.- MOTIPUR, DISTT.- MUZAFFARPUR 9. THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ KALYANPUR HARAUNA, P.S.- MOTIPUR, DISTT.- MUZAFFARPUR ----------- 2/ 07/01/2011 Heard learned counsel for the petitioner and the State and the State Election Commission. It is submitted that the petitioner is a resident of the Gram Panchayat Raj Kalyanpur Harauna, P.S. Motipur, District- Muzaffarpur. The respondent No.9, the Mukhiya, has been defeated in a No Confidence Motion on 2.2.2009, but continues to occupy the chair of the Mukiya contrary to the law. Learned counsel for the State raises a preliminary objection of the remedy available to the petitioner before the State Government under Section- 18(5) of the Bihar Panchayat Raj Act, 2006. If the petitioner represents before the State Government, let the same be considered and disposed off by a reasoned and speaking order within a maximum - 2 - period of one month from the date of receipt/presentation of the same along with a copy of this order after hearing all concerned. The writ application stands disposed with the aforesaid observations. KC ( Navin Sinha, J.)