IN THE HIGH COURT OF JUDICATURE AT PATNA LEETERS PATENT APPEAL NO.442 of 2010 In CIVIL WRIT JURISDICTION CASE No.13452 of 2009 With INTERLOCUTORY APPLICATION NO.2382 of 2010 In LETTERS PATENT APPEAL NO.442 of 2010 ======================================= Amirilal Yadav s/o late Sheonath Goper ( Yadav) r/o village and P.O. – Barka Rajpur, P.S. – Simri, District – Buxar, at present member of Panchayat Samittee, Simri Block, Simri, District – Buxar ……….Appellant/Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, Panchayati Raj, Government of Bihar, Patna 3. The Secretary, State Election Commission, Bihar, Patna 4. The District Magistrate, Buxar 5. The Sub-divisional Magistrate, Dumraon, Buxar 6. The Block Development Officer, Simri, P.S. – Simri, District – Buxar 7. Smt. Pramila Devi w/o Sheojee Kharwar, r/o village - Manikpur, P.O. – Keshopur, P.S. – Simri, District – Buxar, at present Block Pramukh of Simri Block, P.S. – Simri, District - Buxar …… Respondents 2 ================================ Appearance MR. KAUSHAL KISHOR for the Petitioner None for Respondents ================================= CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE S.K. KATRIAR Date: 6/7/2010 ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) I.A. No.2382 of 2010 This application under section 5 of the Limitation Act is made by the appellant for condonation of delay of 105 days occurred in filing the above Letters Patent Appeal No.442 of 2010. On the facts and in the circumstances of the case, the delay is condoned. The application is allowed. LPA. No.442 of 2010 The appellant, a prospective candidate for election to the Panchayat Samittee, Simri, has preferred this Appeal under Clause 10 of the Letters Patent against the order dated 13th October 2009 made by the learned Single Judge in CWJC. No.13452of 2009. The learned Single Judge has upheld the order of 3 the State Election Commission staying the no confidence motion against the Pramukh of Panchayat Samittee, Simri. The learned Single Judge has relied upon section 44 (3) (ii) of the Bihar Panchayat Raj Act 2006, to hold that no no confidence motion can be moved against the Pramukh till he/she has completed two years in the office. In our view, decision is in consonance with the legal provision. No interference is warranted. The Appeal is dismissed in limine. Neyaz/ ( R. M. Doshit, CJ.) ( S. K. Katriar, J.)