Patna High Court - Orders
Sabnam Khatoon vs The State Of Bihar & Ors on 10 November, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No 12309 of 2009
SABNAM KHATOON
Versus
THE STATE OF BIHAR & ORS
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3 10.11.2009The petitioner is the Mukhiya of Dimia Gram Panchayat, district - Purnea. She challenges the order dated 22.10.2007 passed by the Divisional Commissioner, Purnea (Annexure-10) which was ultimately affirmed by the Member, Board of Revenue by his order dated 14.08.2009 (Annexure-11). It is submitted that the only ground under which petitioner was removed in purported exercise of power under Section 18 (5) of the Bihar Panchayat Raj Act, 2006 is that for appointment of Angan Bari Sevika, instead of meetings being held at different centres, a single meeting for all centres were held at one place which was not proper. It is, thus, taken to be abuse of power/authority within the meaning of Section 18 (5) of the Act. The Divisional Commissioner having passed the said order, appeal was preferred to the Member, Board of Revenue who, by interim order, stayed the order of the Divisional Commissioner till the final decision taken by it to dismiss the appeal. Even the Member, Board of Revenue does not appear to be fully convinced with the action but only to set an example and send a message, he has dismissed the appeal. That prima facie is not what Section 18 (5) of the Act speaks. Mr Choudhary places reliance on the case of Tarlochan Dev Sharma -Versus- State of Punjab & Others, AIR 2001 Supreme Court 2524 wherein para materia provisions of the Punjab Municipal Act was under consideration. The Apex Court has 2 dealt with what is meant by abuse of power/authority for the purposes of action therein.
Learned counsel for the State states that even though several letters have been written by him and the matter was earlier adjourned by this Court, no instructions are forthcoming.
In that view of the matter, the impugned orders, as contained in Annexures-10 and 11 shall remain stayed.
State to file a comprehensive counter affidavit within 4 weeks so that the matter may be disposed of at the stage of admission itself.
As the removal of petitioner has been stayed, it will be deemed that there will be no vacancy on the post of Mukhiya in the concerned Gram Panchayat.
Put up For Admission in ordinary course.
M.E.H./ (Navaniti Prasad Singh)