IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7711 of 2011 MD.NAZIR AHMAD Versus THE STATE OF BIHAR & ORS ----------- 2. 10.05.2011 Heard learned Counsel for the petitioner and the learned Counsel for the State Election Commission. The petitioner is a candidate inter alia for the post of Mukhiya under Gram Panchayat Raj Radhi (North) Disrtrict Darbhanga seeking re-poll at Booth No. 252, 253, 254 and 256 on grounds of alleged malpractices. It is stated that an application has been filed before the State Election Commission alleging irregularities during process of polling vitiating the poll. Rule 71 of the Bihar Panchayat Election Rules, 2006 provides that in case of interruption and/or obstruction by riot/violence, destruction of election materials or any other sufficient cause the Presiding Officer may announce adjournment of the poll and report to the Returning officer. The Returning Officer shall report the circumstances to the State Election Commission through the District Election Officer. If satisfied the Commission may direct a re-poll. Counsel for the Commission has produced a communication dated 23.4.2011 addressed to the District Magistrate cum District Election Officer (Panchayat) Darbhanga seeking a report on the allegations made with regard to alleged disruption of poll process. Once the Election Commission is already seized of the matter, there is no occasion for the Court to make any further direction as in any event of the matter the grievances of the petitioner essentially pertains to an election petition in so far as the writ jurisdiction is concerned. Needless to state that if the Commission has sought a report, depending on the materials furnished, it is expected that the Commission shall take statutory decision under Rule 71 in accordance with law. Let a Xerox copy of letter dated 23.4.2011 be kept on the record. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)