IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.875 of 2010 IN CIVIL WRIT JURISDICTION CASE NO. 15628 OF 2009 WITH INTERLOCUTORY APPLICATION NO. 4803 OF 2010 WITH INTERLOCUTORY APPLICATION NO. 4804 OF 2010 WITH INTERLOCUTORY APPLICATION NO. 4841 OF 2010 IN LETTERS PATENT APPEAL No.875 of 2010 ============================================== 1. THE STATE OF BIHAR THROUGH SECRETARY, PANCHAYATI RAJ DEPARTMENT GOVERNMENT OF BIHAR, PATNA 2. THE SECRETARY, PANCHAYATI RAJ DEPARTMENT GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE LAKHISARAI 4. THE DEPUTY DIRECTOR (VIGILANCE ) PANCHAYATI RAJ BIHAR, PATNA 5. THE DISTRICT PANCHAYATI RAJ OFFICER LAKHISARAI 6. THE BLOCK DEVELOPMENT OFFICER SURYAGARHA, DISTT-LAKHISARAI 7. PANCHAYAT SACHIV , GRAM PANCHAYAT RAJ AMARPUR, PRAKHAND SURYAGARHA, DISTT- LAKHISARAI 8. REGIONAL OBSERVER CUM JUNIOR ENGINEER, DISTRICT RURAL DEVELOPMENT AGENCY LAKHISARAI, DISTT-LAKHISARAI Versus 1. BIJAY SHANKAR SINGH S/O LATE SRI KAILASH PRASAD SINGH R/O VILL SINGARPUR, P.O.SAHUR, P.S.SURAJGARHA, DISTT-LAKHISARAI 2. THE SECRETARY, STATE ELECTION COMMISSION SONE BHAWAN, BIRCHAND PATEL PATH, PATNA ============================================== Appearance : For the Appellant : Mr. BAJARANGI LAL (A.C-G.A-8) For the Respondents: Mr. S.B.K. MANGALAM For the State Election Commission:- Mr. SANJEEV NIKESH 2 For the Intervenor :- Mr. KRISHNA MURARI Mr. HARISH KUMAR CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5 23.08.2010 Re. Interlocutory Application No. 4803 of 2010 :- This application under Section 5 of the Limitation Act has been filed by the appellant for condonation of delay of 33 days occurred in filing the Letters Patent Appeal. Learned Advocate Mr. S.B.K. Mangalam appears for the respondents. He has no objection if the delay is condoned. On the facts and in the circumstances of the case, the delay in filing the Letters Patent Appeal is condoned. The Interlocutory Application stands disposed of. Re. Letters Patent Appeal No.875 of 2010. This Appeal preferred under Clause 10 of the Letters Patent filed by the State of Bihar arises from the order dated 24th February 2010 passed by the learned Single 3 Judge in C.W.J.C.No.15628 of 2009. The elected Mukhiya of Gram Panchayat Raj, Amarpur under Suryagarha Block in the District of Lakhisarai is removed by the State Government under its order dated 27.10.2009 made in exercise of power conferred under Section 18(5) of the Bihar Panchayat Raj Act, 2006. Learned Single Judge has set aside the order as the condition mentioned in Section 18(5) of the Act were, in the opinion of the learned Single Judge, not satisfied. We are in agreement with the learned Single Judge. Besides, under Section 18(5) of the Act, the State Government derives its power to remove elected Mukhiya of a Gram Panchayat on the opinion formed by the Commissioner having jurisdiction over the Gram Panchayat. In the present case the State Government acted on its own opinion. No case for interference is made out. The Appeal is dismissed in limine. Bibhash (R.M. Doshit, CJ) ( Jyoti Saran, J.)