IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6557 of 2011 BISUNDEO SAHNI & ANR . Versus THE STATE OF BIHAR & ORS . ----------- 2/ 25/04/2011 Heard learned counsel for the petitioner, for the State and for the State Election Commission. The two petitioners contend that they filed their nomination on 4.3.2011 and 5.3.2011 respectively before the returning officer, Bisfi in the District of Madhubani for contesting the Gram Panchayat elections. Reliance is placed on the money receipt granted to them. The allegation is that their nomination papers have deliberately been made missing to frustrate them from contesting the panchayat elections. Learned counsel for the State Election Commission submits that it is a question of fact which requires an enquiry as to how the nomination papers, if filed, have gone missing. Whether they were in fact filed and/or whether they have been rejected after scrutiny etc. The contention of the counsel for the Commission is unexceptionable. This fact finding enquiry obviously cannot be the subject-matter of the writ petition. But, the Court is satisfied that the petitioner has made out a case for a direction to the Commission to hold an enquiry into the matter. 2 Needless to state that based on the report of the enquiry the Commission shall take consequential necessary action in civil/criminal law as the case may be against the person concerned. Let such enquiry be completed within a maximum period of one month from the date of announcement of the panchayat election results. In any such enquiry it goes without saying that petitioner is necessarily required to be associated with and oral hearing granted to him also. In case the allegations of the petitioner are found to be correct, the present order shall be without prejudice to the rights of the petitioner to pursue such other appropriate remedies as he may be advised against the concerned. The writ application stands disposed. KC ( Navin Sinha, J.)