SIYAMANI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition under Article 226 of the Constitution in public interest is filed by Siyamani Devi and one Bala Lakhander Yadav, both residents of Village-Panditpur, P.S. Shakurabad, Distt.-Jehanabad.

(2.) It is the complaint of the petitioners that the respondent no. 11 Smt. Fatma Khatoon, Mukhiya, Gram Panchayat-Sheshamba, Block - Ratni Faridpur, District Jehanabad has failed to act as a Mukhiya and has indulged into activities amounting to abuse of her authority. A complaint has been lodged against her. The District Magistrate, Jehanabad as far back as on 20th April 2010 made a report indicating the irregularities committed by the said Mukhiya. Nevertheless, the State Government has failed to exercise the power vested in it under Section 18(5) of the Bihar Panchayat Raj Act, 2006.

(3.) There is no dispute that no decision has been taken by the State Government upon the aforesaid report dated 20th April 2010 made by the District Magistrate.