IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13452 of 2009 AMIRI LAL YADAV Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : M/S. G P Singh and S K Pandey. For the State : Mr. Anant Kumar Bhaskar, AC to SC 2. For the Election Commission: Mr. Sanjeev Nikesh. ------ 02. 13.10.2009 The requisition for convening special meeting for holding of no confidence motion against the Pramukh of Panchayat Samiti, Simri, in the district of Buxar, has been stayed by the Secretary, State Election Commission. The reason for not taking cognizance of the requisition is based on the provisions of the Bihar Panchayat Raj Act, 2006. The relevant section is sections 44 (3) (ii). Admitted position is that the Pramukh in question has not completed two years of her tenure after being elected to the post of Pramukh, may be after having lost the first round of no confidence motion but admittedly elected to the post afresh thereafter. The law is very clear on the subject. Every incumbent has to be given a period of two years but if he or she fails then the question of no confidence brought against him or her can be considered. Since two years period has not passed since the last election of the Pramukh the State Election Commission has rightly stayed the convening of any meeting in this regard. The writ application has no merit. It is dismissed. rkp (Ajay Kumar Tripathi, J)