IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16316 of 2009 1. MD.SAJJAD @ SAJJAD ALAM S/O SAIDUR RAHMAN R/OVILL NANDANPUR, P.O. MIRJAPUR,P.S.BOUNSI BASAITY,DISTT- ARARIA. ------------------Petitioner Versus 1. THE STATE OF BIHAR THROUGH THE STATE ELECTION AUTHORITY BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, ARARIA, DISTT- ARARIA. 3. THE SUB- DIVISIONAL OFFICER ARARIA, DISTT- ARARIA. 4. THE BLOCK DEVELOPMENT OFFICER- CUM- RETURNING OFFICER RANIGANJ, BLOCK- RANIGANJ, DISTT- ARARIA 5. SACHIDANAND YADAV S/O SUNDARLAL YADAV R/O MIRJAPUR, BLOCK- RANIGANJ, DISTT- ARARIA. ------------------Respondents ----------- For the Petitioner: - Mr. Mrigank Mauli, Adv. Mr. Vinay Mistry, Adv. For the Election Authority: - Mr. M.K.Thakur, Adv. For the State: - Mr. Arjun Pd. Singh, AC to SC-2 ----------- 3. 09.09.2010 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the Bihar State Election Authority. 2. This writ petition has been filed by the petitioner challenging the election of respondent no. 5 to the post of Chairman Nandanpur, Primary Agriculture Credit Co-operative Society, held on 12.10.2009. Learned counsel for the petitioner submits that in the said election the name of the petitioner was not included in the Ballot paper on account of manipulation. 3. After some arguments learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to file an election petition under Sections 10 and 11 of the Bihar State Election Authority Act, 2008 before the Assistant Registrar, Co-operative Society, Araria. 4. Considering the fact and circumstances of this case the prayer is allowed and the writ petition is disposed of as withdrawn with the aforesaid liberty. 5. However, if the petitioner files an election petition before the aforesaid authority within 15 days from today along with a copy of this order as well as an interlocutory application for condoning the delay the said authority shall consider the delay caused due to the pendency of this writ petition and shall decide the said election petition on merits in accordance with law expeditiously. Anand Kr. ( S. N. Hussain, J.)