IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5775 of 2010 ***** 1. SRI NIWAS SHARMA, S/O MR. KEDAR SINGH, VILLAGE - GARAUR, P.O - KESHPA, P.S - ALIPUR, DISTRICT - GAYA. …. …. Petitioner Versus 1. THE STATE OF BIHAR. 2. SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. DISTRICT MAGISTRATE, GAYA. 4. PRINCIPAL SECRETARY, VIGILANCE. 5. COMMISSIONER, GAYA, MAGADH. 6. BLOCK DEVELOPMENT OFFICER, TEKARI. 7. BLOCK DEVELOPMENT OFFICER, KONCH. 8. SUB DIVISIONAL OFFICER, TEKARI. 9. DISTRICT DEVELOPMENT COMMISSIONER, GAYA. ----------- For the Petitioner : Mr. Shakeel Ahmad Khan, Senior Advocate For the State : Mr. Raj Kamal, A.C. to S.C.-21 ------------ 4. 21.5.2010. In this public interest litigation the prayer is to issue a direction for needful action in the light of the communication dated 10.11.2009 issued by the Joint Secretary, Department of Vigilance to the Collector, Gaya to take appropriate action against the Mukhiya and other functionaries under Section 18(5) of the Bihar Panchayat Raj Act, 2006 (for short ‘the Act’). Section 18(5) of the Act reads as follows: “18. (5) Without prejudice to the provisions - 2 - under this Act, if, in opinion of the Commissioner having territorial jurisdiction over the Gram Panchayat, a Mukhiya or an Up- Mukhiya of Gram Panchayat absents himself without sufficient cause for more than three consecutive meetings or sittings or willfully omits or refuses to perform his duties and functions under this Act, or abuses the power vested in him or is found to be guilty of misconduct in the discharge of his duties or becomes physically or mentally incapacitated for performing his duties or is absconding being an accused in a criminal case for more than six months, the Commissioner may, after giving the Mukhiya or Up-Mukhiya a reasonable opportunity for explanation, by order, remove such Mukhiya or Up-Mukhiya, as the case may be, from office. The Mukhiya or Up-Mukhiya so removed shall not be eligible for re-election as Mukhiya or Up- Mukhiya or Member of Gram Panchayat during the remaining term of office of such Gram Panchayat. In view of the aforesaid provision, it is luculent that the Commissioner has the power. As advised at present, we would say that the District Magistrate shall forward the aforesaid letter to the Commissioner who shall strictly act in accordance with the law. We may hasten to add, we have not expressed any opinion on the merits of the case. With the aforesaid observations the writ petition is disposed of. - 3 - A free copy of the order be handed over to the learned counsel for the State to do the needful. Pawan/- (Dipak Misra, CJ) (Mihir Kumar Jha, J)