Sri Vinay Verma and Others vs The State of Bihar and Others

The short prayer made in this case is to direct the Respondents not to make nomination of Mukhiyas of different Gram Panchayats, under Panchayat Samiti Narkatiaganj Block.

The case was earlier adjourned on 25.1.1991 to enable the learned Counsel for the State to get instruction in the matter. Learned Counsel for the State says that he has not received any instruction, He wants more time but we do not think that any useful purpose will be served in adjourning the case. The point urged by Mr. Verma is purely legal.

Mr. Verma referred to the proviso Section 10 of the Grain Panchayat Act. This proviso empowered the Collector to nominal Mukhiyas for newly constituted Panchayats besides Members of the Executive Committee.

The validity of this provisions was challenged in the case of Shital Rai and Ors. The State of Bihar through Commissioner-cum-Secretary, Rural Development Department and Ors. and many Ors. reported in 1990 PLJR 672. In the meantime the Bihar Act No. 7 of 1990 was passed by the Bihar Legislature, which WAS enforced on 30th January, 1990 there this Act Section 10 alongwith proviso was repealed. Under the substituted section after the enforcement of Bihar Act 7 of 1990 there is no provision in the Gram Panchayat which empowers the Collector or any Oral authority to nominate Mukhiya or Members of the Executive Committee of the Gram Panchayat.

We, therefore, after hearing the learned Counsel for the Petitioners and learned Counsel for the State, allow this application at that stage and restrain Respondent Nos. 2 and 3 from nominating the Mukhiya or Members the Executive Committee of any Gram Panchyat.