IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13095 of 2005 RAMESHWAR PRASAD YADAV, SON OF LATE RAM SHARAN YADAV, RESIDENT OF VILLAGE- KOSMA, P.S.- CHANDAUTI, DISTRICT- GAYA. . Petitioner Versus 1. THE ELECTION COMMISSION OF INDIA THROUGH THE CHIEF ELECTION COMMISSIONER, NIRVACHAN SADAN, NEW DELHI. 2. THE CHIEF ELECTORAL OFFICER, BIHAR, 7 MANGLES ROAD, PATNA. 3. THE RETURNING OFFICER, 231, GAYA MUFFASIL ASSEMBLY CONSTITUENCY, GAYA, DISTRICT- GAYA. 4. THE ASSISTANT RETURNING OFFICER, 231, GAYA MUFFASIL ASSEMBLY CONSTITUENCY, GAYA, DISTRICT- GAYA. 5. BINOD KUMAR YADVENDU, SON OF LATE RAM KISHUN YADAV RESIDENT OF VILLAGE CHIRAIYA TAND, P.S.- RAMPUR, DISTRICT- GAYA. …… Respondents ----------- 2 12.04.2010 Heard learned counsel for the petitioner, and Mr. Jawahar Prasad Karn for the respondent 2. We have perused the materials on record, and considered the submissions of the learned counsel for the parties. It appears that the present petitioner and respondent no. 5 were candidates for 231, Gaya Mufassil Assembly Constituency, the elections for which was held in 2005. Both of them claimed to be the official candidate of the party in question, namely, Janta Dal (United). The party ultimately communicated to respondent no. 3 that respondent no. 5 herein was the party’s official candidate as a result of which he contested as a official candidate of the party, and petitioner’s nomination as the official candidate of the party was rejected. He, therefore, contested as an independent candidate. 2 3. It appears from a perusal of the materials on record that the petitioner has already preferred an election petition which is pending adjudication. In that view of the matter, we do not see any justification for the petitioner to maintain the present writ petition. It is accordingly dismissed. It goes without saying that it will be open to the petitioner to raise all issues of facts and law available to him, before the Election Tribunal. 4. The writ petition is dismissed. pkj (S.K. Katriar, J.) ( Kishore K. Mandal, J. )