IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1801 of 2009 ====================================================== Sri Jay Ram Sah, S/o Sri Suraj Sah, R/o Village-Belahiya, P.S. + Block- Tariyani, District-Sheohar (Bihar). .... .... Petitioner/s Versus 1. The State of Bihar, through t he Principal Secretary, Department of Panchayat Raj, Patna (Bihar). 2. The District Magistrate, Sheohar, At + P.O. + P.S.-Sheohar, District- Sheohar (Bihar). 3. The Block Development Officer, Tariyani, At + P.O. + P.S.-Sheohar, District-Sheohar (Bihar). 4. Sri Anil Kumar Singh, S/o Late Rana Kedar Singh, R/o Village- Sarvarpur, P.S. + Block-Tariyani, District-Sheohar (Bihar). .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : For the Respondent/s : Mr. Lalit Kishore, A.A. G-1 Mr. Vikash Kumar, A.C. to AAG-1. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 7 29-11-2011 This petition under Article 226 of the Constitution is filed by one Jay Ram Sah, the then Mukhiya of the Gram Panchayat Belahiya, Block-Tariyani, District-Sheohar to challenge the constitutional validity of Section 18(5) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as ‘the Act’) and to challenge the action of the Block Development Officer/District Magistrate transferring the financial power to the Up-Mukhiya. It appears that the petitioner was implicated in offence No. 73 punishable under Sections 147, 148, 149, 302 read Patna High Court CWJC No.1801 of 2009 (7) dt.29-11-2011 2 / 2 2 with Section 120 of the Indian Penal Code and under Section 27 of the Arms Act registered in Tariyani Police Station. Since the registration of the said offence on 1st June 2008, the petitioner had been absconding. In view of his continuous absence for six months, in exercise of powers conferred by Section 18(5) of the Act he was ordered to be removed as Mukhiya. The financial powers were conferred on the Up-Mukhiya. In our view, by now, five years’ term of the petitioner as Mukhiya has expired, the questions raised in this petition have become academic and need not to be answered. For the aforesaid reasons, the petition is disposed of as the cause of action does not survive. Sujit /- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)