IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15994 of 2009 BALRAM PRASAD ROY S/O LATE DEVAN PRASAD ROY, RESIDENT OF VILL- TRAWAN MANGALPAL, P.S. DARIYAPUR, DISTT. SARAN. …..PETITIONER. VERSUS 1. THE STATE OF BIHAR. 2. PRINCIPAL SECRETARY, CO-OPERATIVE DEPTT., BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, SARAN. 4. DISTRICT CO-OPERATIVE OFFICER, SARAN. 5. BLOCK DEVELOPMENT OFFICER, DARIYAPUR, SARAN. 6. BLOCK CO-OPERATIVE OFFICER, DARIYAPUR, SARAN. 7. THE STATE ELECTION AUTHORITY THROUGH ITS SECRETARY, OLD SECRETARIAT, PATNA. … RESPONDENTS. ----------- For the petitioner : Mr. Raghib Ahsan, Senior Advocate. Mr. A.K.Singh no.5, Advocate. For the State : Mr. Abinash Kumar, A.C. to G.P.I. For the State Election Authority : Mr. M.K.Thakur, Advocate. ------ 02/ 26.08.2010 Heard learned counsel for the petitioner, learned counsel for the State of Bihar and its authorities as well as learned counsel for the State Election Authority. 2. This writ petition has been directed for cancelling the election of Mangalpal Primary Agriculture Credit Co-operative Society which was held on 16.10.2009. The petitioner submits that grave illegalities and irregularities were committed in the voter list without following the rules and regulations due to which 24 persons have been listed at two places. 3. Learned counsel for the respondents submits that writ petition is not maintainable as the petitioner has an alternative remedy under Sections 10 and 11 of the Bihar State Election Authority Act, 2008 and hence this writ petition is not - 2 - maintainable. 4. In the aforesaid facts and circumstances of this case, learned counsel for the petitioner seeks permission to withdraw this writ petition in order to file an election petition before the Assistant Registrar, Co-operative Society, Saran under the provision of Sections 10 and 11 of the Act. 5. Accordingly, this writ petition is dismissed as withdrawn with the aforesaid liberty. However, if the petitioner files the aforesaid election petition before the said authority within fifteen days from today along with a copy of this order as well as an application for condoning the delay, the said authority shall consider the pendency of this writ petition due to which the matter was delayed and decide the said election petition on merits in accordance with law expeditiously. Sunil (S. N. Hussain, J.)