IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6655 of 2007 SIDHESHWAR PANDIT, son of Sri Nand Kishore Prasad, Resident of village Natesar, P.O. Saren, P.S. Nimchak Bathani, Dist. Gaya-----------------------petitioner Versus 1.THE STATE ELECTION COMMISSION through Election Commissioner, Bihar, Patna 2.The State of Bihar through District Returning Officer (Panchayat Election)-cum-District Magistrate,Gaya 3.The Block Returning Officer (Panchayat Election) Nimchak Bathani, Dist. Gaya 4.Chandrika Pd., son of late Laxuman Pandit, resident of village Saren, P.O. Saren, P.S. Nimchak Bathani Dist. Gaya 5.Feku Ansari, son of late Basarat Mian 6.Md.Shakeel, son of late Muslim Mian 7.Sheo Nandan Sharma, son of Raghu Sharma respondent nos. 5 to 7 are residing in villageManjhauli P.O. Saren, P.S. and Anchal Nimchak Bathani,Dist.Gaya 8.Rajendra Sharma, son of late Anhachha Sharma, resident of village and P.O. Saren, P.S.Nimchak Bathani,Dist.Gaya 9.Saiyad Ansari, son of Gofoor Ansari, resident of village Heridih, P.O. Saren, P.S. Nimchak Bathani, Dist. Gaya----------------------------------respondents ----------- For the petitioner :M/S Uma Kant Shukla,Paras Nath For respondent no.4:Mr.Arun Kumar No.1 For the State :Mr.Sanjay Prakash Verma,JC to GA 5 ----- 3. 21.1.2009 Heard learned counsel for the petitioner, learned counsel for respondent no.4, learned counsel for the State and for the State Election Commission. The petitioner has approached this Court for setting aside the order dated 25.4.2007 passed in Election Petition No. 17/06 by the Munsif II, Gaya, by which he has rejected preliminary objection raised by the petitioner against the maintainability of the election petition. The ground raised in the said objection petition was that the election petitioner not 2 having filed an application under Rule 79 of the Bihar Panchayat Election Rules, therefore no recounting is entertainable and thus the election petition itself is not maintainable. The aforesaid plea of the petitioner has been rejected by the learned Tribunal on the ground that the issue raised in the same is a mixed question of fact and law and only on the basis of evidence of the parties an appropriate conclusion can be arrived at. This Court does not find any infirmity in the aforesaid order of the learned Tribunal. The writ petition is, accordingly, dismissed. (Ramesh Kumar Datta,J.) spal/