IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11404 of 2009 SHIV NARAYAN PASWAN Versus THE STATE OF BIHAR & ORS ----------- 2 2.9.2009 Heard learned counsel for the parties. The grievance of the petitioner is that he is not being allowed to perform his duty and responsibility of Up- Mukhiya of Madhopur Shusta Panchayat in Khurhani Block of Muzaffarpur District. Categorical assertion is that though requisition was made for bringing no confidence motion and the meeting of the kind was held but no resolution was ever taken to remove him. If that is so, the Mukhiya has no authority to prevent the petitioner from shouldering his responsibility as an elected representative. The Court finds the allegation incongruous but nothing is impossible in this State as it comes at times when an elected representative is withheld from discharging the responsibility even the law does not permit to do so. This writ application is disposed of with direction upon the Block Development Officer, Khurhni as well as the District Panchayat Raj Officer, Khurhni to look into the grievance of the petitioner and if it is found that the act of the Mukhiya is an illegal act then they will take an appropriate decision in the matter. Petitioner may also take adequate steps before the respondents. The Court expects immediate intervention in the matter on behalf of the respondents preferably within a period of four weeks from - 2 - the date of communication or production of a copy of this order. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)