IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1188 of 2010 1. Arti Devi wife of Akhilesh Kumar Singh Ward No.3, Vill.- Amwa, P.S.- Bodh Gaya, Distt.- Gaya 2. Pawan Kumar S/O Sri Ramdev Saw Ward No.13, Vill.- Newtaridih, P.S.- Bodh Gaya, Distt.- Gaya Appellants Versus 1. Bihar Rajya Dwara - Pradhan Sachiv, Nagar Vikas Avam Aawas Vibhag, Bihar Sarkar, Patna 2. Aayukt, Magadh Pramandal, Gaya 3. Zila Padadhikari, Gaya 4. Sachiv, Rajya Nirvachan Aayog, Bihar, Patna 5. Karyapalak Padadhikari, Nagar Panchayat, Bodh Gaya 6. Upar Samaharta, Bhoo-Hadbandi, Gaya 7. Ajay Kumar S/O Late Sukhdev Mahto Ward No.1, Ward Sadasya, Nagar Panchayat, Bodh Gaya, Zila- Gaya 8. Mahendra Prasad Singh S/O Late Madhusudan Mahto Ward Sadasya, Nagar Panchayat, Bodh Gaya, Zila- Gaya 9. Ramcharitar Chaudhary S/O Late Basant Chaudhary Ward No.4, Ward Sadasya, Nagar Panchayat, Bodh Gaya, Zila- Gaya 10. Reshmi Devi W/O Late Ramwali Manjhi Ward No.5, Ward Sadasya, Nagar Panchayat, Bodh Gaya, Zila- Gaya 11. Dhaneshwari Manjhi S/O Name Not Known Ward No.6, Ward Sadasya, Nagar Panchayat, Bodh Gaya, Zila- Gaya 12. Indu Devi W/O Shankar Yadav Ward No.7, Ward Sadasya, Nagar Panchayat, Bodh Gaya, Zila- Gaya 13. Dinesh Kumar Singh S/O Name Not Known Ward No.8, Ward Sadasya, Nagar Panchayat, Bodh Gaya, Zila- Gaya 14. Jay Singh S/O Name Not Known Ward No.9, Ward Sadasya, Nagar Panchayat, Bodh Gaya, Zila- Gaya 15. Yamuna Devi W/O Rajiv Ranjan Ward No.10, Ward Sadasya, Nagar Panchayat, Bodh Gaya, Zila- Gaya 16. Jayram Bhagat S/O Ram Awtar Bhagat Ward No. 11, Ward Sadasya, Nagar Panchayat, Bodh Gaya, Zila- Gaya 17. Ramsewak Singh S/O Late Wogi Singh Ward No. 12, Ward Sadasya, Nagar Panchayat, Bodh Gaya, Zila- Gaya 18. Kamla Devi W/O Ajay Kumar Singh Ward No.14, Ward Sadasya, Nagar Panchayat, Bodh Gaya, Zila- Gaya 19. Saroj Devi W/O Dr. P. C. Ray Ward No. 15, Ward Sadasya, Nagar Panchayat, Bodh Gaya, Zila- Gaya 20. Kanti Devi W/O Late Ramji Manjhi Ward No. 16, Ward Sadasya, Nagar Panchayat, Bodh Gaya, Zila- Gaya 21. Lalita Devi W/O Vijay Kumar Manjhi Ward No.17, Ward Sadasya, Nagar Panchayat, Bodh Gaya, Zila- Gaya 22. Priti Singh W/O Suresh Singh Ward No. 18, Ward Sadasya, Nagar Panchayat, Bodh Gaya, Zila- Gaya 23. Arun Ravidas S/O Gauri Das Ward No. 19, Ward Sadasya, Nagar Panchayat, Bodh Gaya, Zila- Gaya Respondents ----------- For the Appellants : Mr.Indradeo Prasad, Advocate For the Respondent : Mr.Ashok Kumar,Advocate Nos.8,10,11,13,14,15,17, 18,21, and 22. 2 02 05.07.2011 The instant L.P.A. has been preferred against the order of learned single Judge dated 12.7.2010, passed in CWJC No.10582 of 2009 whereby the writ petition has been dismissed finding no illegality in the notice of no-confidence motion or in the no- confidence motion itself. 2. Learned counsel for the appellants refers to the provisions of Section 25 (4) of the Bihar Municipal Act, 2007 read with relevant rule 2 (iv) of the Bihar Municipal No-Confidence Motion Process Rules,2010 as contained in Annexure-A to the instant memo of appeal. He points out from the notice of no- confidence motion as contained in Annexure-2 to the writ petition that no ground has been mentioned whatsoever by which the requisition has been made. Despite this, no-confidence motion was passed against both the petitioners. He assails the order of the learned single Judge on the ground that the petitioner were duty bound to participate in the proceedings and as such mere participation would not validate the proceedings, which were otherwise invalid on the ground that no reasons have been afforded in the notice for the no-confidence motion in accordance with the rules. 3. Learned counsel for the respondents submits that the issue is no longer res integra as the principle has already been decided by this Court in L.P.A. No.733 of 2010 after exclusively referring to several judicial pronouncements of the Apex Court, this Court 3 concluded that if the concerned person has participated in the proceeding and acceded to the procedure, he/she can waive it. The doctrine of waiver, thus, gets squarely applied.” 4. It has been brought to the notice of this Court that the said L.P.A. was further made subject matter of S.L.P. (Civil) No.16578 of 2010 before the Supreme Court, which has since been dismissed by order dated 3.2.2011. 5. In the above views, this Court is not inclined to interfere in the matter and the instant L.P.A. is accordingly dismissed. psc ( S.K.Katriar, J. ) (Vikash Jain, J.)