IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.953 of 2009 Md.Ishak, S/o Late Md. Gulzar, Resident of Village Paharpurtol, P.S. Sahdei Bujrug, District Vaishali. ----- Petitioner ----- Appellant Versus 1. The State of Bihar. 2. The District Magistrate, Vaishali at Hajipur. 3. The Commissioner, Gram Panchayat, Sone Bhawan, Patna. 4. The Sub-Divisional Officer, Manohar, Vaishali at Hajipur. 5. The Block Development Officer-cum-Executive Officer, Panchayat Samiti-Sahdei Bujurg, District- Vaishali, Hajipur. 6. Birendra Sigh, S/o Late Judeshwar Singh, Resident of Village Bihjadi, P.S. Sahdei Bujurg, District Vaishali. 7. Heera Devi, W/o Birendra Bahadur Singh, Resident of Village- Rampur Baghel, P.S. Sahdei Bujurg, District Vaishali. 8. Sanjay Singh, S/o Shri Ramprit Singh, Resident of Village- Sultanpur, P.S. Desari, District Vaishali. 9. Ram Nath Paswan, S/o Late Ram Gati Paswan, Resident of Village Sultanpur, P.S. Desari, District Vaishali. 10. Fakoera Thakur, S/o Late Rameshwar Thakur, Resident of Village Rampur Kumhar, P.S. Sahdei Bujurg, District Vaishali. 11. Sangita Devi, W/o Shri Ram Prasad Pandit, Resident of Village Naya Gaon (West), P.S. Desari, District Vaishali. 12. Sushila Devi, W/o Shivjee Ram, Resident of Village Vikrampur, P.S. Sahdei Bujurg, District Vaishali. 13. Shobha Devi, W/o Manoj Roy, Resident of Village Bajitpur Chakas Turi, P.S. Sahdei Bujurg, District Vaishali. 14. Rita Devi, W/o Raghu Bansh Singh, Resident of Village Murautpur, P.S. Desari, District Vaishali. 15. Doman Ram, S/o Gaushi Ram, Resident of Village Salha, P.S. Sahdei Bujurg, District Vaishali. 16. Raja Sah, S/o Ram Prasad Sah, Resident of Village & P.S. Sahdei Bujurg, District Vaishali. 17. Nilam Devi, W/o Ajay Kumar Gupta, Resident of Village Sheikhpura, P.S. sahdei Bujurg, District Vaishali. 18. Md. Majhar Alam, S/o Md. Ali Hussain, Resident of Village Naya Gaon (West), P.S. Desari, District Vaishali. 19. Birendra Singh, S/o Late Bachche Lal Singh, Resident of Village Bajitpur Chakasturi Dumri, P.S. Sahdei Bujurg, District Vaishali. ----------- Respondents -------- Respondents ----------- 2 2 28.01.2010 Questioning the correctness of the order dated 24.6.2009 passed by the learned single Judge in C.W.J.C. No. 18251 of 2008, the present letters patent appeal has been preferred. Be it noted, in the writ application the appellant had called in question the legal propriety of the resolution dated 24.10.2008, wherein, no confidence motion was passed against the appellant. It was contended before the learned single Judge that one of the members, namely, Fakira Thakur was prevented from voting. Learned single Judge had expressed the view that the same was not borne out from the material brought on record. In our considered opinion, the resolution pertaining to vote of no confidence cannot be nullified on a mercurial allegation that a member was prevented from voting. In the result, we do not find any merit in this appeal and accordingly, the same stands dismissed in limine. Rishi (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)