IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11869 of 2009 Mina Devi, wife of Sri Nirmal Choudhary, resident of village/ P.O./P.S- Sirdalla, District-Nawadah……………………………….Petitioner . Versus 1. The State of Bihar. 2. The Secretary, Department of Panchayati Raj, Bihar, Patna. 3. The District Magistrate-cum-District Election Officer (Panchayat), Nawadah. 4. The District Panchayati Raj Officer, Nawadah. 5. The Sub-Divisional Officer, Rajauli, District-Nawadah. 6. The Block Development Officer, Sirdalla, District-Nawadah. 7. The Circle Officer, Sirdalla, District-Nawadah. 8. The State Election Commission, Bihar, Patna through its Secretary. 9. The Secretary, the State Election Commission, Bihar, Patna. 10. The Deputy Secretary, the State Election Commission, Bihar, Patna. 11. Smt. Urmila Devi, wife of Sri Premchand Choudhary, resident of village/P.O./P.S.- Sirdalla, District-Nawadah, at present, Pramukh, Sirdalla Panchayat Samiti, P.S.-Sirdalla, District-Nawadah. …..Respondents. ----------- For the petitioner : M/s. Sidhendra Narayan Singh & Rama Kant Singh, Advocates. For the State : Mr.Amaresh Kumar Sinha, A.C. to G.P.15. For the State Election : Mr. R.S.Pradhan, Senior Advocate Commission Mr. Sanjeev Nikesh, Advocate. For respondent no.11 : Mr. S.B.K. Mangalam, Advocate. ------- 05/ 23.07.2010 Heard learned counsel for the petitioner, learned counsel for the State of Bihar, learned counsel for the State Election Commission as well as learned counsel for private respondent no.11. 2. This petition has been filed by the petitioner, who claims to be a social worker of village Sirdalla, for quashing letter no.2893 dated 14.11.2008 (Annexure-7) issued by the Deputy Secretary, State Election Commission, Bihar rejecting petitioner’s prayer stating that the petitioner was herself sufficient to take steps under Section 137 of the Bihar Panchayat Raj Act, 2006 - 2 - (hereinafter referred to as ‘the Act’, for the sake of brevity) and Rule 106 of Bihar Panchayat Election Rules, 2006 and for filing an F.I.R. before the local police. 3. Learned counsel for the petitioner submits that in substance the said authority has asked the petitioner to file an election petition without deciding the complaint filed by the petitioner on 19.08.2008 (Annexure-3) under Section 136 of the Act on the basis of which an inquiry was held as per directions of the State Election Commission, District Magistrate and finally, the report of the Block Development Officer dated 20.09.2008 (Annexure-6) was forwarded to the State Election Commission on 14.10.2008, but neither the complaint nor the report was considered by the said authority. 4. Under the provision of Section 136(2) of the Act, the question of disqualification of any member or a Mukhiya of Gram Panchayat or a Sarpanch of Gram Katchahri can be raised which has to be decided by the State Election Commission. In the said circumstances, the Commission has failed to perform its duties provided under the specific provision of law ignoring the said complaint under Section 136(2) of the Act which was supported by the report of the authority concerned and merely shifted onus on the petitioner to take steps under Section 137 of the Act, which in view of this court is not legal and proper. 5. In the said circumstances, order dated 14.11.2008 (Annexure-7) passed by the State Election Commission - 3 - (respondent no.8) is hereby quashed and the said authority is directed to decide the said complaint of the petitioner dated 19.08.2008 (Annexure-3) under Section 136 of the Act in accordance with law expeditiously, preferably within a period of four months from the date of receipt of a copy of this order. It is directed that the petitioner and respondent no.11 whose learned counsel are present in this court must appear before the Commission within a fortnight along with a copy of this order. 6. With the aforesaid observation/ direction, the writ petition stands disposed of. Sunil (S. N. Hussain, J.)