IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12532 of 2008 Sri Bhagwan Baitha, Son of Shri Nagina Bhagat, Resident of Village Murwa Erazi, P.O. Gamhariya, PS Isuapur, District Saran at Chapra, presently Mukhiya of Gram Panchayat Raj Laua, Block Isuapur, District Saran at Chapra. ------ Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna. 3. The Director, Panchayati Raj Department, Government of Bihar, Patna. 4. The Divisional Commissioner, Saran Division, Chapra. 5. The District Magistrate, Saran at Chapra. 6. The Block Development Officer, Isuapur, District Saran at Chapra. ---- Respondents. ----------- 4 29.11.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has filed this writ application for quashing of Annexure-6 which is a letter issued from the office of the Commissioner, Saran asking the petitioner to show-cause as to why he should not be removed from the post of Mukhiya of Gram Panchayat Laua, Block Isuapur, District Saran. The submission on behalf of the petitioner is that sub section 5 of section 18 of the Panchayat Raj Act, 2006 has been amended on 1.2.2008 by which the power to remove the Mukhiya under sub section 5 has been transferred to the State Government. It is, therefore, contended that Annexure-6 is without jurisdiction. A counter affidavit has been filed on 2 behalf of the State in which it is accepted that the State Government has the power to remove the Mukhiya if there is non-compliance of the provisions of sub section 5 of section 18 of the Panchayat Raj Act, 2006. It has been stated that the matter has been transferred to the Principal Secretary, Panchayat Raj Department, Patna. Considering the stand of the State of Bihar, Annexure-6 is quashed. Counsel for the petitioner submits that he has no instructions whether any show-cause notice etc. has subsequently been issued by the Principal Secretary, Panchayat Raj Department, Patna. In any event, it is obvious that no order can be passed without the petitioner getting an opportunity to be heard in the matter. This writ application is thus, disposed of. Sanjay (Sheema Ali Khan, J.)