IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 14499 of 2009 1. PUJA KUMARI W/O SRI SUNIL KUMAR PANDIT R/O KENDUA P.O KAMARGAMA , P.S-SANGRAMPUR, DISTT- MUNGER, MUKHIA OF GRAMPANCHAYAT BALIA , BLOCK SANGRAMPUR, MUNGER Versus 1. THE STATE OF BIHAR 2. CHIEF ELECTION COMMISSIONER, BIHAR ELECTION COMMISSION THROUGH BIHAR, PATNA 3. DISTRICT MAGISTRATE, MUNGER 4. DEPUTY DEVELOPMENT COMMISSIONER(D.D.C.) MUNGER 5. DISTRICT PANCHAYAT RAJ OFFICER MUNGER 6. SUB- DIVISIONAL OFFICER(S.D.O) TARAPUR SUB DIVISION, DISTT- MUNGER 7. BLOCK DEVELOPMENT OFFICER SANGRAMPUR BLOCK, DISTT- MUNGER 8. PROGRAMME OFFICER(KARYAKARAM PADADHIKARI) SANGRAMPUR BLOCK, DISTT- MUNGER ----------- 2 07.12.2009 The petitioner is the Mukhia of Gram Panchayat Balia under Sangrampur Block of district – Munger. She was made an accused in a criminal case. She was, accordingly, abstaining from performing her statutory duty as Mukhia. The Block Development Officer then directed the Up Mukhia to take oath as a Mukhia in absence of the petitioner and perform the functions of Mukhia. Consequently, the Up Mukhia took charge and Bank was, accordingly, informed as well. Petitioner, in the meantime, has been granted interim anticipatory bail by this Court and, as such, is now in a position to function for she has no fear of arrest. Her grievance is that by virtue of Section 17 (2) (b) of the Bihar Panchayat Raj Act 2006, the Up Mukhia can function only during absence of Mukhia. As such, when she has come back and wants to resume her duty, in law, there is no restriction and the Up Mukhia has to give way. It is further submitted that even the Block Development Officer or for that matter any other officer 2 cannot come in way of the Mukhia assuming charge including charge of operating the Bank account and doing all other official business till statutorily she is disqualified. Learned counsel for the State submits that no doubt the position is clear in terms of Section 17 (2) (b) as aforesaid but BDO must have some discretion in the matter so that the funds of the Panchayat are not misutilised. Having considered the matter, in my view, as the post of Mukhia is created by a statute and the statute provides for disqualifications of various contingencies then it is not open for the Block Development Officer to become a super power and exercise some inherent jurisdiction not vested in him. The power, function and jurisdiction are controlled by statute and statute does not vest him with any such power. Thus, being the position, the writ petition is disposed of by holding that so long as the petitioner, who is the elected Mukhia, is able to perform her functions and is not disqualified by law, her function shall not be interfered with in any manner by either the Up Mukhia or the Block Development Officer. They shall fully cooperate in permitting petitioner to work in accordance with law. M.E.H./ (Navaniti Prasad Singh)