IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6476 of 2010 KALIMA KHATOON W/O SAHADAT HUSSAIN R/O VILL.- MURBALLA, P.S. BARHARA KOTHI, DISTT.- PURNEA. VERSUS 1. THE STATE OF BIHAR. 2. THE CHIEF SECRETARY BIHAR, PATNA 3. THE COMMISSIONER, DIVISION, PURNEA 4. THE DISTRICT MAGISTRATE, PURNEA 5. THE DEPUTY DEVELOPMENT COMMISSIONER, PURNEA 6. THE DISTRICT PANCHAYATI RAJ PADADHIKARI, PURNEA 7. THE SUB-DIVISIONAL OFFICER, DHAMADAHA, DISTT.- PURNEA 8. THE BLOCK DEVELOPMENT OFFICER, BLOCK BARHARA KOTHI, P.S. BARHARA KOTHI, DISTT.- PURNEA 9. CHANDRA SHEKHAR HEMBRAM, FORMER PANCHAYAT SECRETARY, GRAM PANCHAYAT MULKIA, P.S. BARHARA KOTHI, DISTT.- PURNEA 10. PANCHAYAT SECRETARY, GRAM PANCHAYAT MULKIA, P.S. BARHARA KOTHI, DISTT.- PURNEA 11. RAVILA KHATOON, UP MUKHIA, GRAM PANCHAYAT MULKIA, P.S. BARHARA KOTHI, DISTT.- PURNEA ----------- For the Petitioner : Mr. Durgesh Kumar. For the State : Mr. Rajeev Ranjan, AC to GP-IV. ------------ 02 11.05.2010 This Court is simply aghast by the facts of the present case. The petitioner is elected Mukhiya of Gram Panchayat Raj Mulkia in the district of Purnea. He has challenged the order of the Block Development Officer- cum-Chief Executive Officer of Barhara Kothi by which he has directed the Up-Mukhiya to take charge and perform all - 2 - the function of the Mukhiya as in the opinion of the Block Development Officer (B.D.O.) Mukhiya is not available to do the work being accused in criminal case and absconding. This Court is aghast by the order because no provision of any enactment has been pointed out which clothes the B.D.O. to pass such an order or exercise such an authority over the Mukhiya or the functioning of the Gram Panchayat. The Block Development Officer is not the superior authority in these matters. Gram Panchayat is a local self government constitutionally recognized by Part- IX of the Constitution. It is governed by the Bihar Panchayat Raj Act, 2006. The powers, functions and duties of the elected representative or the executive in relation thereto are designated under the Act. No power has been conferred on the B.D.O. in relation to a Gram Panchayat in this regards nor could be shown by the learned counsel for the State. This Court has repeatedly held that the Executive Officers are functionaries under the Act and they are not authorities over the elected representatives. Mukhiya or Up-Mukhiya are not their disciplinary contrary nor they are appointing and controlling authorities. They must - 3 - remember that we are governed by rule of law. However, high and mighty Executive Officers may be he is governed by law. He is not above law or is not law unto himself. In this connection, I may only refer a judgment of this Court in the case of Enamul Haque Vs. The State of Bihar & Ors. since reported in 2007(4) PLJR 224 wherein virtually identical situation has arisen and this Court had noticed the scheme and quash the order of the B.D.O., even though, that judgment was delivered almost three years back the Executive Officer is yet to reconcile to the situation and accept it, which is disgraceful. I may also only refer to recent judgment of this Court in the case of Ghanshyam Mandal and analogous cases being C.W.J.C. No.263 of 2010, which was disposed of on 07.04.2010, wherein this Court has examined the whole provision and pointed out that Pramukh or Up-Pramukh are not employees under the B.D.O., who is the Executive Officer of the Panchayat Samiti, rather, they exercise and control over the B.D.O. and in that sense they are superior to the B.D.O.. It seems that the judgments of this Court are not being followed by the authorities. If there is any problem then remedy has to - 4 - be found within the system itself but certainly no Officer can usurp the power to solve the situation de hors the statutory provisions. In that view of the matter, I have no hesitation but to quash the order of the Block Development Officer entrusting and authorizing the Up-Mukhiya to perform the function and duties of Mukhiya and restrained the Block Development Officer from interfering in the affairs of the Gram Panchayat except under authority of law. The writ application is, thus, allowed. Trivedi (Navaniti Prasad Singh, J.)