PATNA: The Patna high court on Friday granted interim relief to a sacked female mukhiya by issuing direction to the Kaimur district magistrate cum DEO that the nomination papers filed by her be accepted for contesting in the ongoing panchayat election.
Petitioner Hiramati Devi was mukhiya of Lohdan panchayat in Chand block, Kaimur.
Friday was the last day to file nomination papers for the said panchayat and the relief was granted by the division bench of Justice Ahsanuddin Amanullah and Justice Anjani Kumar Sharan just hours before, while hearing her appeal.
The mukhiya was sacked from her post after inquiry by the panchayati raj department principal secretary on October 28, 2019 for allegedly defalcating Rs 33.97 lakh meant for developmental projects under government’s seven-resolution scheme.
She was held guilty for misconduct in discharging duty and misappropriating funds and thus got barred from contesting election for five years as per Rule 18(6) of Bihar Panchayat Raj Act, 2006 after being sacked.
The mukhiya had deposited altogether Rs 35.22 lakh including simple interest in panchayat bank account in the later stage. However, department has ordered to recover the defalcated money with compound interest for the time it was with her.
The mukhiya had moved high court on November 16, 2019 challenging her removal on grounds of procedural irregularities.
However, a single bench denied granting her any relief observing that the action principal secretary was correct and nowhere there was any procedural irregularities.
The court had also observed that the mukhiya had deposited the amount along with simple interest in the bank account of gram panchayat after a lapse of two years only to escape from penal action.
During the argument in hearing of the appeal, counsel Rajeev Kumar Singh appearing for the sacked mukhiya, submitted that proper inquiry as per Bihar Panchayat (inspection of offices and inquiry into affairs, supervision and guidelines) Rules 2014 was not conducted.
The counsel also apprised the court that there was no order from DM to conduct inquiry against the petitioner as the 2014 rules.
Singh submitted that no action was taken against the secretary of the Lohdan panchayat for defalcation. He also apprised the court that in similar circumstances, the same panchayat department principal secretary had allowed other mukhiyas to contest election by pardoning them for defalcation as they returned money.
Appearing for state government, counsel Dhirendra Kumar opposed Singh’s arguments while submitting that all the action by the department for removing the mukhiya was taken as per rules and regulation.
The court prima facie was satisfied with the submission of petitioner’s counsel that there had been injustice with her and granted her the interim relief.
The court has fixed October 7 for final hearing of the matter by which the department would also have to file a reply. The election in Lohdan is scheduled to take place on October 20.
