Maya Kumari vs The State of Bihar and Others

The Petitioner Maya Kumari declares that she is a member of Ward No. 5 of Raj Trailokya Chak Panchayat in Dighwari Block, district Saran. It is her contention that the fact that under Sub-section (4) of Section 18 of the Bihar Panchayat Raj Act, 1993 compatible provisions have been given for the removal of a Mukhiya and an Up-Mukhiya, this is discriminatory.

Learned Counsel for the Petitioner was not able to answer the aspect that the legislature has been given the sanction by the Constitution to frame an appropriate law in this regard whether the Mukhiya or the Up-Mukhiya, they occupy the offices within a Gramsabha (Article 243C of the Constitution of India).

If the legislature has been vested with the field to provide for a law merely because between the Mukhiya and the Up-Mukhiya they may be removed for want of confidence by two thirds of the total number of voters of the Gram Panchayat at a meeting specially convened for the purpose, the legislation is compatible with the Constitution. In fact, the provision at present gives independence to these offices than suggested otherwise. No further argument was made.

There is no merit in this petition.

Dismissed.