IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.15581 of 2010 ==================================================== Rajdeo Yadav, Son of Late Chhabilal Yadav, resident of Village- Sheotalpur, P.S. Daudpur, District-Saran at Chapra. …. …. Petitioner Versus 1. The State of Bihar through the Secretary, Gram Panchayat, Sate of Bihar, Patna. 2. The Director, Panchayati Raj, New Secretariat, State of Bihar, Patna. 3. The Commissioner, Saran at Chapra. 4. The District Magistrate, Saran at Chapra. 5. The Block Development Officer, Manjhi, P.S.-Manjhi, District-Saran at Chapra. 6. The State Election Commission through State Election Commissioner, Sone Bhawan, IInd Floor, Bir Chand Patel Marg, Patna. …. …. Respondents ==================================================== Appearance : For the Petitioner: Mr. Awadhesh Kumar Singh, Advocate For the Respondents 1 to 5: Mr. Binod Kumar, A.C. to S.C.-16 For the Respondent No.6: Mr. R.S.Pradhan, Senior Advocate with Mr. Sanjeev Nikesh, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4. 20.4.2011. This petition under Article 226 of the Constitution is filed by the erstwhile Mukhiya of Sheotalpur, Block-Manjhi, District-Saran against the order disqualifying him to hold the post pursuant to his conviction under Section 325 I.P.C. and sentence of imprisonment for a term of two years in Daudpur P.S. Case No.91 of 2009. The order of conviction and sentence are subject matter of challenge in Criminal Appeal No. (S.J.) 504 of 2010. Pending the appeal, the petitioner has been released on bail. The question is - 2 - whether in view of suspension of the sentence the disqualification incurred under Section 136(1)(g) of the Bihar Panchayat Raj Act, 2006 will continue to operate. We are, prima facie, of the opinion that the disqualification incurred under Section 136(1)(g) of the Act will continue to operate till the conviction is reversed and the sentence is set aside. However, the learned Advocate Mr. Awadhesh Kumar Singh submits that the matter at issue has become academic inasmuch as the term of election of the petitioner as Mukhiya of Sheotalpur Gram Panchayat has expired. Fresh election has been held. In above view of the matter, as the cause of action does not survive, the petition is disposed of. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)