Patna High Court

Ramesh ManjhiversusThe State of Bihar

Decided: 2 February 2026
Disposal: DISPOSED
Bench: ANIL KUMAR SINHA

Holding

The final decision on the removal of a Mukhiya must be taken by the Secretary, Panchayati Raj Department after affording the Mukhiya a reasonable opportunity to be heard, and the writ petition is therefore dismissed.

Summary

The petitioner, Ramesh Manjhi, a Mukhiya of Gram Panchayat Shripur Gahar West, filed a writ petition seeking quash of a recommendation dated 19‑09‑2025 by the Lok Prahari‑cum‑Divisional Commissioner to remove him from office. The State argued that the petition was premature because the Lok Prahari had already afforded the petitioner an opportunity to be heard and that, under Section 18(5) of the Bihar Panchayat Raj Act, 2006, the final decision on removal rests with the Secretary, Panchayati Raj Department after a reasonable hearing. The Court examined whether the petitioner’s right to a fair hearing had been complied with and whether the writ court could intervene before the Secretary’s final order. It held that the writ petition could not substitute for the statutory procedure and directed the Secretary to consider the Lok Prahari’s recommendation after giving the petitioner a proper chance to submit objections. The Court ordered the Secretary to pass the final order within two months of receiving this judgment. The petition was therefore disposed without granting any relief.

Issues considered

Whether the writ petition seeking quash of the removal recommendation is premature under the procedural requirements of the Bihar Panchayat Raj Act, 2006.
Whether the Secretary, Panchayati Raj Department must give the Mukhiya a reasonable opportunity to be heard before taking a final decision on removal.

Legislation cited

Bihar Panchayat Raj Act, 2006 — s. 18(5)

Subjects

Panchayati Raj
Removal of Mukhiya
Writ petition
Administrative law
Natural justice
Bihar Panchayat Raj Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1401 of 2026
                 ======================================================
                 Ramesh Manjhi son of Sukeshwar Manjhi resident of Village- Hansopur P.S-
                 Khanpur, District- Samastipur.

                                                                      ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through its Addl. Chief Secretary, Panchayati Raj
                 Department, Government of Bihar, Patna.
           2.    The  Lok     Prahari    -cum-Divisional       Commissioner,      Darbhanga
                 Commissionerate, Darbhanga.
           3.    The District Magistrate, Samastipur.
           4.    The District Panchayati Raj Officer, Samastipur.
           5.    The Block Panchayati Raj Officer, Khanpur Block, District- Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Raja Ram Mishra, Advocate
                 For the Respondent/state :    Mr. Ajay Behari Sinha, Government Advocate 08

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   02-02-2026             1. Heard the parties.

                           2. The petitioner has filed the present writ application for

                   quashing the order dated 19.09.2025 passed by the Lok Prahari

                   -cum- Divisional Commissioner, Darbhanga, which has been

                   communicated to the petitioner vide Memo No. 18 dated

                   14.10.2025 whereby recommendation has been made to the

                   competent authority to remove the petitioner from the post of

                   Mukhiya, Gram Panchayat Raj Shripur Gahar West, Block-

                   Khanpur, District-Samastipur.

                           3. Learned counsel for the State submits that the present

                   writ application is premature inasmuch as at the time of enquiry
           Patna High Court CWJC No.1401 of 2026(2) dt.02-02-2026
                                                       2/2




                     by the Lok Prahari adequate opportunity was given to the

                     petitioner, and thereafter, Lok Prahari has recommended for

                     removal of the petitioner. Section 18(5) of the Bihar Panchayat

                     Raj Act, 2006 provides that the competent authority i.e.

                     Secretary, Panchayati Raj Department shall take final decision

                     after giving Mukhiya a reasonable opportunity for explanation

                     before passing final order of removal of Mukhiya.

                            4. Having considered the submission made by the parties

                     and taking into consideration the fact that final decision for

                     removal shall be taken by the Secretary, Panchayati Raj

                     Department, the present writ application is disposed with a

                     direction to the Secretary, Panchayati Raj Department to take a

                     final decision upon the recommendation of the Lok Prahari after

                     giving proper opportunity to the petitioner to submit his

                     objection / explanation and after considering the same pass final

                     order in the matter within a period of two months from the date

                     of receipt / production of a copy of this order.



                                              (Anil Kumar Sinha, J)
praful/-

U

Continue reading with your account

Checking your session…