IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18152 of 2008 ANITA KUMARI SINHA, WIFE OF NARSINGH NARAYAN LAL, RESIDENT OF VILLAGE BAR, P.S. SHERGHATI, DISTRICT GAYA. ---- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. DISTRICT MAGISTRATE, GAYA 3. DISTRICT PROGRAMME OFFICER, GAYA 4. CHILD DEVELOPMENT PROJECT OFFICER, SHERGHATI, GAYA 5. BLOCK DEVELOPMENT OFFICER, SHERGHATI, DISTRICT GAYA 6. GRAM PANCHAYAT BAR THROUGH ITS MUKHIYA BAR GRAM PANCHAYAT AT SHERGHATI 7. SUSHILA DEVI, WIFE OF BIRENDRA CHOUDHARY, RESIDENT OF VILLAGE NAKNUPA, P.O. BAR, P.S. SHERGHATI, DISTRICT GAYA. ---- RESPONDENTS ----------- 2 30.4.2010 The petitioner is challenging the order dated 20.6.2008, passed by respondent no. 2 by which the District Magistrate has rejected her candidature as an Anganbari Sevika. Vide CWJC No. 7580 of 2007, this matter was remanded to the District Magistrate, Gaya to hear the petitioner with respect to the objections raised on her behalf. It appears from the order sheet that the order passed that the new incumbent was joined as District Magistrate, disposed of the matter without giving opportunity to the petitioner to be present and put forth his submissions. The District Magistrate has decided the issues on the materials that were filed before him. One of the documents was an affidavit filed by the Mukhiya stating therein that the husband of Sushila Devi had resigned as a member of the Ward on 5.3.2007 and his resignation was accepted on 7.3.2007. This affidavit was filed behind the back of the petitioner. There are two points raised on behalf of the petitioner. Firstly, it is submitted that Birendra Choudhary was a member of the Ward which would be apparent from the list prepared by the Block 2 Development Officer, Sherghati, Gaya dated 30.4.2007 wherein Birendra Choudhary has been made a member of the Flying Squad for enquiry and inspection of the B.P.L. schemes. It is also submitted that the petitioner’s husband belongs to and in the resident of Naknupa which is within the Gram Panchayat of Bar. The centre is situated at village Bar and not at Naknupa. It is submitted that the order impugned deals with only one aspect of the matter. In any event, the matter is remanded back to the District Magistrate to consider these aspects by giving notice to both the parties and after hearing them, the District Magistrate should pass an appropriate order within a period of two months on appearance of both the parties. This application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)