IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15741 of 2009 FATMA BEGUM W/O IFJUR RAHMAN VILL.- JAMUA, TOLA PAKARIA (PANCHAYAT SAMITI BAIRGANIA), P.S.- BAIRGANIA, DISTT.- SITAMARHI. VERSUS 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY PANCHAYATI RAJ DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 3. THE DIRECTOR, PANCHAYATI RAJ DEPARTMENT GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 4. THE DISTRICT MAGISTRATE SITAMARHI, DISTT.- SITAMARHI 5. THE SUB-DIVISIONAL OFFICER SITAMARHI, DISTT.- SITAMARHI 6. THE BLOCK DEVELOPMENT OFFICER-CUM-EXECUTIVE OFFICER BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT.- SITAMARHI 7. THE STATE ELECTION COMMISSION THROUGH ITS SECRETARY OLD SECRETARIAT, PATNA 8. DEVI PRASAD CHAUDHARY S/O SRI ANHOTI CHAUDHARY VILL.- PANCHTAKI RAM, P.O.- PANCHTAKI JADU, P.S.- BAIRGAIA, DISTT.- SITAMARHI, PRESENTLY THE PRAMUKH OF BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT.- SITAMARHI 9. JAWAHAR PRASAD S/O SRI LAKSHMAN DEO SAH ELECTED MEMBER OF BAIRGANIA BLOCK PANCHAYAT SAMITI THROUGH THE BLOCK DEVELOPMENT OFFICER-CUM-EXECUTIVE OFFICER, BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT.- SITAMARHI 10. AJAY KUMAR S/O SRI RAM EKBAL MAHTO ELECTED MEMBER OF BAIRGANIA BLOCK PANCHAYAT SAMITI THROUGH THE BLOCK DEVELOPMENT OFFICER-CUM- EXECUTIVE OFFICER, BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT.- SITAMARHI 11. GUDDI DEVI W/O SRI SUBODH KUMAR ELECTED MEMBER OF BAIRGANIA BLOCK PANCHAYAT SAMITI THROUGH THE BLOCK DEVELOPMENT OFFICER-CUM- EXECUTIVE OFFICER, BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT.- SITAMARHI 12. AMBEYA KHATOON W/O MD. LAL BABU ELECTED MEMBER OF BAIRGANIA BLOCK PANCHAYAT SAMITI THROUGH THE BLOCK DEVELOPMENT OFFICER-CUM- EXECUTIVE OFFICER, BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT.- SITAMARHI 13. RANI DEVI W/O SRI RAM BABU PRASAD ELECTED MEMBER OF BAIRGANIA BLOCK PANCHAYAT SAMITI THROUGH THE BLOCK DEVELOPMENT OFFICER-CUM- EXECUTIVE OFFICER, BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT.- SITAMARHI 14. RIYAZ KHAN S/O LATE NASRULLAH KHAN ELECTED MEMBER OF BAIRGANIA BLOCK PANCHAYAT SAMITI THROUGH THE BLOCK DEVELOPMENT OFFICER-CUM- EXECUTIVE OFFICER, BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT.- SITAMARHI 15. RAM BABU RAI S/O LATE PARMESHWAR RAI ELECTED MEMBER OF BAIRGANIA BLOCK PANCHAYAT SAMITI THROUGH THE BLOCK DEVELOPMENT OFFICER-CUM- EXECUTIVE OFFICER, BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT.- SITAMARHI 16. SAMA NAZ PRAVIN W/O MD. ERAR KHAN ELECTED MEMBER OF BAIRGANIA BLOCK PANCHAYAT SAMITI THROUGH THE BLOCK DEVELOPMENT OFFICER-CUM- EXECUTIVE OFFICER, BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT.- SITAMARHI 17. RAJENDRA MAHTO S/O LATE MUKH LAL MAHTO VILL.- BENGAHI, P.O. & P.S.- BAIRGANIA, DISTT.- SITAMARHI ----------- - 2 - 02 26.03.2010 By this writ petition, the petitioner seeks to support the writ petition being C.W.J.C. No.17812 of 2009, and prays that since the resignation of the respondent no.7 therein, who is respondent no.17 herein, has been accepted, the election should be taken up by respondent -State. In my view, no directions can be issued in this regard till the aforesaid fact is ascertained that the respondent, Rajendra Mahto (respondent no.17) has resigned or not, as directed in C.W.J.C. No.17812 of 2009 disposed of today. The consequences would follow once an order is passed by the Collector, Sitamarhi accordingly. The writ petition is, accordingly, disposed of. Trivedi (Navaniti Prasad Singh, J.)