IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9045 of 2010 RINA DEVI @ RINA KUMARI Kamklesh Choudhary, R/o village-Kukudha, P.s. Itarhi, Dist-Buxar. Versus 1. THE STATE OF BIHAR. 2. The District Magistrate Buxar Dist- Buxar. 3. Sub-Divisional Officer, Buxar, Dist- Buxar. 4. Block Development Officer, Itarhi Block Dist-Buxar. 5. Gram Panchayt cum-Nodal Officer (G.P.S) Kukudha, Gram Panchayt P.s.Itarhi. Dist- Buxar. 6. Mukhiya. 7. Sarpanch Both of Gram Panchayt Kukudha P.S. Itarhi. Dist-Buxar. 8. Phool Kumari Devi (Phulvanti Devi), W/O Nandlal Singh R/O village-Surandha, P.O-Sukar Valiya, P.s. Itarhi dist-Buxar ----------- 2 11.3.2011 It appears that, though the merit list was prepared in 2007 itself in which respondent No. 8 was shown at serial No. 1, her appointment has been finally made in the year 2010. The petitioner had filed an objection against the candidature of respondent no. 8 before Sarpanch, in 2007 itself. However, since then the matter remained pending and now order has been passed in the year 2010 for appointment of respondent No. 8. He submits that the respondent No.8 had practiced fraud for getting into the 2 panel and becoming successful in getting order of her appointment. The question of allegation of fraud is a question of fact. Petitioner is granted liberty to move the appropriate authority in the matter by filing a proper representation, which shall be considered and disposed of, after hearing the parties, in accordance with law, preferably within a period prescribed in the guidelines. Prakash (J.N.Singh,J.)