Pushpendra Shahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20294 of 2019 ====================================================== Pushpendra Shahi Son of Bhabhuti Shahi, resident of village- Balthari, PostBalthari, Belthari, Gopalganj, Balthra, Bihar- 841503. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

2.

The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

3.

The Divisional Commissioner, Saran.

4.

The District Magistrate, Gopalganj.

5.

The Officer-in-Charge, P.S.- Kuchayyakot, District- Gopalganj. 6.

Akhilesh Shahi Son of Siheshwar Shahi, 118, Valthari, Town/VillageBalahari, Anchal- Kuchayakot, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashish Kumar Lal, Advocate For the Respondent/s :

Mr.Pushkar Narain Shahi, AAG 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) 16-10-2019 Heard learned counsel for the petitioner and the learned counsel for the State.

2. In this case, number of allegation has been made against Akhilesh Shahi (respondent no. 6), who had been elected as Mukhiya and has submitted that after his success in election, five more cases have been lodged against him. Also there is an allegation of wrong doing in the nature of misappropriation of public money.

Patna High Court CWJC No.20294 of 2019(2) dt.16-10-2019 2/2

3. The Bihar Panchayat Raj Act, 2006 itself provides a forum bringing all the facts to the notice of the Commissioner under section 18 (5) of the Bihar Panchayat Raj Act, 2006.

4. Let the petitioner file a proper application before the Commissioner and if such application is filed, the Commissioner will give notice to the respondent no.6 and after hearing him, will pass an appropriate order in accordance with law. All the process should be completed within a period of six months from the date of filing of the application.

5. With the above observation and direction, this petition is disposed of.

(Shivaji Pandey, J) (Partha Sarthy, J) Mahesh/- U