IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15764 of 2009 1. LALITA DEVI W/O LAL BAHADUR YADAV R/OVILL TIKARAMPUR, P.S. MUFFASIL , DISTT- MUNGER. …. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, PANCHAYATI RAJ DEPARTMENT BIHAR, PATNA. 2. THE DIRECTOR, PANCHAYATI RAJ DEPARTMENT GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE MUNGER, DISTT- MUNGER. 4. THE DEPUTY DEVELOPMENT COMMISSIONER MUNGER, DISTT- MUNGER. 5. THE DISTRICT PANCHAYAT RAJ OFFICER MUNGER, DISTT- MUNGER. 6. THE BLOCK DEVELOPMENT OFFICER , SADAR BLOCK MUNGER, DISTT- MUNGER. ----------- For the petitioner : Mr. Suman Kumar Mishra, Advocate. For the respondent-State : Mr. Satyeshwar Prasad, A. C. to S.C-19. ------ 03/ 05.08.2010 Heard learned counsel for the petitioner and learned counsel for the State and its authorities. 2. This writ petition has been filed by the petitioner for directing the respondents-authorities to ensure charge of Mukhia to the petitioner in the absence of Mukhia of Tikarampur Panchayat, Sadar Block, Munger. 3. The fact of this case is that in the year 2006, the said panchayat was formed with the petitioner as one of its members, whereafter Pancha Devi was elected as Mukhia, whereas her husband Rudal Rai was elected as Up-Mukhia. It transpires that subsequently criminal case was initiated against both the aforesaid Mukhia and Up-Mukhia due to which they absconded and the remaining members had no option but to elect the petitioner as Up-Mukhia by 11 out of 14 votes in the absence of said Mukhia - 2 - and Up-Mukhia and the said election was declared by the Election Officer in Form-22 dated 12.04.2008 (Annexure-6 series). 4. It further transpires that subsequently recommendation was made for removal of the erstwhile Mukhia Pancha Devi by the District Magistrate, Munger, whereupon she was removed from the post of Mukhia by the Secretary, Panchayati Raj Department, Govt. of Bihar, Patna (respondent no.1) vide order dated 29.10.2009 (Annexure-3). It is further apparent that the District Magistrate also recommended for removal of erstwhile Up-Mukhia Rudal Rai vide letter dated 30.01.2009 (Annexure-1), but the said recommendation is still pending and no order has been passed thereon by the respondents till date. 5. In the said circumstances, there are two Up- Mukhias, the first is Rudal Rai, who had been selected in the year 2006 against whom there were criminal charges and remained absconding for a long time and the second is the petitioner who was elected by the remaining members of the Panchayat on 12.04.2008. Hence, the petitioner cannot be appointed Up-Mukhia unless the fate of Rudal Rai is decided by the Secretary, Panchayati Raj Department, Government of Bihar, Patna (respondent no.1). 6. Accordingly, this writ petition is disposed of with a direction to the Secretary, Panchayati Raj Department, Govt. of Bihar, Patna (respondent no.1) to pass an appropriate order in accordance with law with respect to the recommendation of the - 3 - District Magistrate, Munger dated 30.01.2009 (Annexure-1) for removal of Rudal Rai from the post of Up-Mukhia within one month from the date of receipt/production of a copy of this order. 7. It goes without saying that if the petitioner or any one else is aggrieved by the final order of respondent no.1 with respect thereto, he/she will be entitled to challenge the same before an appropriate forum. Sunil (S. N. Hussain, J.)