IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8918 of 2011 SHAHNAJ BEGUM Versus THE STATE OF BIHAR & ORS ----------- 2. 18.05.2011 Heard learned counsel for the petitioner. Learned counsel for State is also present. This writ application has been filed for issuance of a writ in the nature of mandamus commending the respondents to consider the application filed by the petitioner for re-polling of booth Nos. 132, 133, 134 and 135 of Mirzapur Bardah Panchayat within the district of Munger for the post of Mukhiya. The grievance of the petitioner is that the polling of those obvious booths was managed for bogus voting in connivance with the administration which forcibly took control of the aforesaid booths and allowed casting of 85% votes when 95% of voters are lilterate but for those voters thumb impressions have been made. The learned counsel for the petitioner further submits that he has filed a representation before the Election Commission pointing out the irregularities in those polling booths and in pursuance thereof the State Election Commission has called for a report from the District Magistrate cum District Election Officer. However, learned counsel for the respondents submit that the report as called for was not submitted by the Election 2 Officer but in view of Section 243 of the constitution a writ is not maintainable with regard to the process of election and further if the petitioner seeks to challenge the election process the remedy is available to him by filing an Election petition. It has further been contended that in view of Rule 71 of the Bihar Panchayat Election Rules, he may give a direction to the Election Commission to take a decision for re-polling if he is being satisfied with regard to irregularities at the polling booths on a report of the District Election Officer. Having regard to the respective submissions, it is not in dispute that as per Rule 243 and 243 (B) read with sections 137, 138 and 139 of the Bihar Panchayat Election Act, the remedy for the petitioner is to raise the grievance regarding these irregularities by filing an Election petition. However, under Section 71 of the Bihar Panchayat Election Rules 2006, the Election Commission has been given power to order for re- polling, if being satisfied on the report of the District Election Officer with regard to above irregularity at any certain booths. However, as the petitioner has filed a petition and the Election Commission has called for report vide Annexure -2 to the writ petition and having regard to the facts that the Election Commission is already in seisin with the matter and has called for a report from Election Commission, he may on its own discretion take a decision expeditiously in accordance with law regarding the irregularities pointed out by the petitioner by re- polling of the booths in question. 3 With these observations the writ petition is disposed of. Namita ( Gopal Prasad, J.)