IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5180 of 2009 CHANDESHWAR PRASAD YADAV @ CHANDESHWAR RAI, SON OF LATE Sakal Rai, resident of village- Bakhri Barari, P.S. Rajapakar, P.O. Bakhari Supayan, District- Vaishali. Versus 1. THE STATE OF BIHAR 2. The Chief Election Commissioner, Election Commission of India, Nirvachan Bhawan, New Delhi. 3. The State Election Commissioner, Daroga Rai Path, Patna. 4. The District Magistrate-cum- the District Returning Officer,Vaishali Parliamentary Constituency,District-Muzaffarpur. 5. The Incharge Returning Officer, Vaishali Parliamentary Constituency, Muzaffarpur. ---- For the Petitioner: Mr. Arvind Kumar Tiwary,Advocate For the State: Mr. Binay Krishna, A.C. to A.A.G.5 For the Election Commission: Mr. J.P. Karna,Senior Advocate --- 2. 22.4.2009 Heard learned counsels for the parties. The petitioner seeks direction upon the respondents to treat the petitioner’s nomination papers submitted for contesting the Vaishali Parliamentary Constituency as valid and to allow the petitioner to contest the election as an independent candidate for the said Parliamentary Constituency. The ground of learned counsel for the petitioner is that the Returning Officer for Muzaffarpur and Vaishali Constituency was the same and accordingly there were two counters for filing the nomination papers with respect to the said two Parliamentary Constituencies and due to inadvertence, although the petitioner had filed his nomination papers for Vaishali Constituency but they were submitted at the counter, which was meant for the Muzaffarpur Constituency. In the said circumstances the nomination papers submitted by the petitioner were not accepted at all. 2 Learned counsel for the Election Commission raises a preliminary objection that since the election process is on, no interference is called for by the exercise of the jurisdiction of this Court under Article 226 of the Constitution. In view of the long line decisions of the Supreme Court and this Court starting from the case of N.P.Ponnuswami vs. The Returning Officer, Namakkal Constituency, Namakkal, Salem Dist. and others: A.I.R. 1952 S.C.64, this Court is in agreement with the said preliminary objection of learned counsel for the Election Commission. In the aforesaid view of the matter the writ application is dismissed. VPS ( Ramesh Kumar Datta,J.)