IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1045 of 2009 RAJ KUMAR SINGH, son of Baliram Singh, resident of village Kudaria, P.O. Parshurampur, P.S. Barhara (Sinha),District- Bhojpur at Ara. … Petitioner. Versus 1. THE STATE OF BIHAR 2. Dr. Safina A.N., wife of not known to the petitioner, presently posted as the District Magistrate, Bhojpur at Ara. 3. Ajay Kumar Singh, son of not known to the petitioner, presently posted as the Block Development Officer, Barhara, District- Bhojpur at Ara. 4. Sri Shiv Bachchan Singh, son of not known to the petitioner, presently posted as the Panchayat Secretary, Gram Panchayat Raj, Nargadda, Block- Barhara, District- Bhojpur at Ara. 5. Rajendra Singh, son of late Ramchandra Singh, resident of village Maujampur, P.O. Maulighat, P.S. Barhara, District- Bhojpur at Ara. ----------- For the petitioner: Mr. S.B.K. Manglam, Advocate For the State: Mr. Pravin Kumar Verma, A.C. to S.C.X For Opp.Party No.4: Mr. S.N.P. Sharma,Senior Advocate Mr. Makardhwaj Upadhayay,Advocate Mr. Rajeev Roy,Advocate --- 4. 4.5.2009 Heard learned counsel for the petitioner and learned counsel for the opposite party in the contempt matter. The petitioner has filed the contempt application alleging that the interim order dated 26.2.2009 passed by this Court in the main writ petition, by which the order dated 22.11.2008 passed by the learned Munsif in Election Petition No. 04 of 2006/ 01 of 2008 and the letter of the State Election Commission dated 25.11.2008 had been stayed, has been violated. It is the contention of learned counsel for the petitioner that despite the stay order, the opposite party No.5, Mukhiya, had continued to function on his post and participated in counselling on 28.2.2009 as also withdrew money from the account of Gram Panchayat deposited at Indian Bank, Balua Branch through withdrawal 2 slips. From the letter dated 25.4.2009 of the Indian Bank, Balua Branch, it is evident that till date no intimation had been given to the Bank by the District Magistrate, Bhojpur, Ara (opposite party No.2) and the Block Development Officer, Bhojpur ( opposite Party No.3) regarding the opposite party No.5 not to be permitted to operate the Bank account. In the counter affidavit filed by opposite party No.5, it is stated that he had received intimation regarding the order of this Court in the evening of 28.2.2009, although the same was passed on 26.2.2009 in the presence of his counsel and for that reason he participated in the said process of counselling, but the moment he learnt about the order of this Court dated 26.2.2009, he ceased to function as the Mukhiya. It is further submitted that the official opposite party Nos. 2 and 3, the District Magistrate and the Block Development Officer were not parties in the main writ petition and admittedly they were intimated by the petitioner on 6.3.2009. It is stated by learned counsel for the State that neither opposite party No.2 nor opposite Party No.3 was made party to the writ petition and admittedly they were intimated about the order dated 26.2.2009 on 6.3.2009 and immediately thereafter on 7.3.2009, the District Magistrate issued an order directing that the petitioner would not function as Mukhia and in his place the Up-Mukhia was authorized to perform the function of the Mukhia of the Gram Panchayat. In the counter affidavit of opposite Party No.5, it is also pointed out that he had issued three cheques on 25.2.2009 when there was no such order restraining him and it is those cheques through which 3 the cash had been withdrawn on 6.3.2009 and details of those cheques are also mentioned in the statement of account of the Bank enclosed by the petitioner, although wrongly it has been shown that the cash was withdrawn through withdrawal slip. It is pointed out that the withdrawal slip does not contain any number. On a consideration of the aforesaid facts and circumstances, this Court is of the view that no case for initiating a contempt proceeding against opposite parties is made out. M.J.C. No.1045 of 2009 is, accordingly, dismissed. VPS ( Ramesh Kumar Datta,J.)