IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11673 of 2006 ASHOK KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2 05.02.2009 Counsel for the State Election Commission submits that the petitioner could have approached the State Election Commission in terms of Section 136 of the Bihar Gram Panchayat Act as Election Commission has powers to take a decision with regard to removal of Mukhiya who after his election becomes disqualified on account of conviction of more than six months. Counsel for the petitioner in this background seeks permission to withdraw this application in order to enable the petitioner to move before the State Election Commission. That being so, this application is permitted to be withdrawn and in case the petitioner files the application with requisite evidence, the State Election Commission will take necessary steps in terms of Section 136 of the Bihar Gram Panchayat Act and ensure that such an action is definitely completed within a period of three months from the date of filing of representation by the petitioner along with copy of this order. Bibhash (Mihir Kumar Jha, J.)