IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.266 of 2008 RAMBALI RAJ s/o late Ganauri Rajbansi, resident of village + P.O.-Sahar Telpa, Tola-Mianbag, P.S.- Karpi (Sahar Telpa O.P.),District- Arwal. Versus 1. THE STATE OF BIHAR . 2.The District Commissioner-cum- Secretary, Rural Development Department, Govt. of Bihar, Patna. 3. The Commissioner, Gaya Division, Gaya. 4. The District Magistrate, Arwal. 5. The Block Development Officer, Karpi, District- Arwal. 6. Mr. Ramesh Yadav s/o Shri Ram Chandra Yadav, resident of village- Chainpur, P.S. Karpi, District- Arwal. 7. Mr. Vijay Singh, Panchayat Secretary of Panchayat Raj Sahar Telpa, P.S. Karpi (Sahar Telpa O.P.),Block-Karpi, District- Arwal. ----------- 2 10.3.2010 Petitioner states that respondent no.6, who is Mukhiya of Sahar Telpa Panchayat Raj under Karpi police station, District- Arwal being an accused in Karpi (Sahar Telpa) P.S.Case no. 52 of 2007 instituted under Sections 363, 364/34 of the Indian penal Code is still absconder but no action is being taken against him. He alleges that even though the said Mukhiya is an absconder, he is being permitted to function as such but while doing so functioning, he is not discharging statutory duty and the local Panchayat Secretary is conniving with him. If the allegation, as made by the petitioner, is correct then, in my view, it would be appropriate for the petitioner to make a detailed representation in this regard to the State Government, who would consider the same and take action appropriate in the matter including the action under Section 18(5) of the Bihar Panchayat Raj Act as the Mukhiya is an absconder and that is one of the conditions for action under Section 18(5) of the Act . I, therefore, direct the petitioner to make a representation 2 again if he has made earlier, which the State would consider and pass order appropriate to the facts of the case, in accordance with law within a period of two months. With the above observations and directions, the writ petition stands disposed of. Singh (Navaniti Prasad Singh, J.)