IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.580 of 2010 1. KUMARI SANGEETA SINHA W/O SRI SATISH KUMAR VERMA R/O VILL- JEHANABAD, PO AND P.S- KUDARA, DISTT- KAIMOOR Versus 1. THE STATE OF BIHAR 2. SRI DEEPAK KUMAR THE PRINCIPAL SECRETARY, PANCHAYAT RAJ, DEPARTMENT, BIHAR,PATNA 3. SRI MAYANK BARBARE THE DISTRICT MAGISTRATE, KAIMOOR AT AND P.O- BHABUA,DISTT- KAIMOOR 4. SRI ARUN KUMAR THE DISTRICT PANCHAYAT RAJ OFFICER, KAIMOOR, AT ANDP.O- BHABUA, DISTT- KAIMOOR 5. MD. KAISHAR SULTAN THE SUB-DIVISIONAL OFFICER, MOHANIA, DISTT- KAIMOOR 6. SM.T MEENA DEVI THE SARPANCH GRAM KUTCHEHARY JEHANABAD, PO ANDP.S- KUDARA, DISTT- KAIMOOR 7. SMT. DRAUPATI DEVI THE SARPANCH GRAM KUTCHEHARY VASTALWA, PO- KUTHRAIN, P.S- KUDARA, DISTT- KAIMOOR 8. SRI JAI GOVIND PRAJAPATI, THE SARPANCHA GRAM KUTCHEHARY, VISHUNPURA, PO- DANGRI, P.S- KUDARA, KAIMOOR 9. SARITA TIWARY @ SARITA DEVI D/O KANHAIYA TIWARY R/O VILL , P.O ANDP.S- KUDRA, DISTT- KAIMOOR ----------- 05. 20.04.2011 Heard learned counsel for the petitioner, for the State and for the opposite party no.-6. The Sarpanch opposite party was the representative of the people elected to the post drawing sustenance from the benefits of democracy. It is unfortunate that their appearance required a process for warrant of their arrest. The edifice of democracy rests in the Rule of Law. The conduct of the elected representatives severely disappoints the Court. However, the Court refrains from examining their conduct any further, both of the past and the present Sarpanch as in any event of the matter, the term of the Sarpanch has come to an end and fresh Panchayat election 2 has commenced. Suffice it to say that circumstances so warranting, the issue of applicability of Section 97 (5) of the Gram Panchayat Act with regard to their conduct is left open for consideration by the State Government. Learned counsel for the petitioner fairly submits that his joining has now been accepted. The grievance however is with regard to the non-allocation of duties and payment of honorarium. If the petitioner is a statutory appointee under the Bihar Gram Kutchery Nayaya Mitra (Appointment, Service Conditions & Duties, Rules, 2007) he has a statutory right to be allotted duties. The Court therefore directs the Sub- Divisional Officer, the statutory authority under Rule 12 to examine the grievances of the petitioner both with regard to non-allocation of duties and payment of honorarium. Any order of the Sub-Divisional Officer with regard to the petitioner is then required to be implemented by all concerned in accordance with law forthwith. Disobedience by the concerned of the directions of the Sub-Divisional Officer are directed to be examined by the District Magistrate and appropriate action taken against the concerned under the civil and/or criminal Law as the case may be. The application stands disposed. P.K ( Navin Sinha, J.)