Asha Devi, Up-Mukhiya, Gram Panchayat Raj, Mateya Khas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15803 of 2023 ====================================================== Asha Devi, Up-Mukhiya, Gram Panchayat Raj, Mateya Khas W/o Sri Harendra Singh, R/o Village- Lalbegi, P.S- Kuchaikote, District-Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Additional Chief Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.

2.

The Additional Chief Secretary, Panchayati Raj Department, Govt. of Bihar, Patna. 3.

The Director, Panchayati Raj Department, Govt. of Bihar, Patna. 4.

The District Magistrate, Gopalganj.

5.

The District Panchayati Raj Officer, Gopalganj. 6.

The Block Development Officer, Kuchaikote -cum- Executive Officer, Block Development Committee, Kuchaikot, District- Gopalganj. 7.

The Block Panchayati Raj Officer, Kuchaikot, District-Gopalganj. 8.

The Officer in Charge, Kuchaikot Police Station, District- Gopalganj. 9.

The Mukhiya, Gram Panchayat Raj Mateya Khas, Block- Kuchaikot, DistrictGopalganj. 10.

Sri Rakesh Kumar, the Panchayat Secretary, Gram Panchayat Raj Mateya Khas, P.S-Kuchaikote, District- Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey, Advocate For the Respondent/s :

Mr.Kumar Alok (Sc7) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 08-01-2024 Heard Mr. Ranjeet Kumar Pandey, learned counsel appearing on behalf of the petitioner and Mr. Kumar Alok, learned SC 7 for the State.

2. Learned counsel appearing on behalf of the petitioner informs this Court that against Mukhiya of the Gram Panchayat Raj Mateya Khas, Block Kuchaikot, an FIR relating to Kuchaikot P.S. Case No.373 of 2023 was lodged by the Programme Officer, Manrega, Kuchaikot and the writ petition has been filed under circumstances that during the interregnum

Patna High Court CWJC No.15803 of 2023 dt.08-01-2024 2/2 period before the Mukhiya obtains bail, the petitioner may be allowed to function and discharge all the duties of Mukhiya in view of Section 17(2)(b) of the Bihar Panchayat Act, 2006. He informs that now the Mykhiya has been granted bail and, as such, the relief, as sought for in the present writ petition in paragraph no.1(i) and (ii) have become infructuous.

3. Learned counsel further informs that now the Panchyat Secretary has the statutory duty to inform to the Block Development Officer.

4. Considering the aforesaid submission made by learned counsel on behalf of the petitioner, the Block Development Officer, Kuchaikot, District, Gopalganj must ensure to abide by the provision of the Act and see that the functioning of the Gram Panchayat is not disturbed in any manner for the inaction of the Panchyat Secretary.

5. With aforesaid observation and direction, the present writ petition is disposed of.

(Purnendu Singh, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.01.2024 Transmission Date NA