IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8806 of 2008 Ram Bijay Singh son of late Ram Sakal Singh, resident of village- Dabur, Police Station, Muffasil, District- Aurangabad. Versus 1. The State Of Bihar through the Secretary, Bihar, Patna. 2. The Commissioner, Magadh Division, Gaya. 3. The District Magistrate, Gaya. 4. The Sub-Divisional Officer, Aurangabad. 5. Bidya Devi wife of Kaushlendra Pratap Singh, resident of village- poiwan, P.S. Muffasil, District- Aurangabad. ----------- 2 22.07.2011 Heard learned counsels for the petitioner and the State. The present writ application has been filed for quashing the order dated 29.03.2008 passed by the Commissioner, Magadh Division, Gaya, in Case no. 27/07, whereby, the proceeding initiated against respondent no. 5 under Section 18(5) of the Bihar Panchayat Raj Act, 2006 has been dropped. In view of the new elected body being started functioning, this Court is not inclined to interfere, however, this will not preclude the petitioner to file a fresh application for exercise of the power by appropriate authority under Section 18(5) of the Bihar Panchayat Raj Act, 2006. As it is submitted that the respondent no.5 has 2 again been elected as Mukhiya of the concerned Gram Panchayat. So far as the question of illegal appointment of Panchayat Teacher is concerned, for that now under the Panchayat Teacher (Employment and Services Condition) Rules, 2006, tribunal has started functioning, let the petitioner ventilate his grievances before the Tribunal, which will consider the condonation of delay in raising the grievances, in view of the pendency of the writ application before this Court. With the above observation, this application is disposed off. Amrendra/ ( Dinesh Kumar Singh, J)