IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5427 of 2009 Mahesh Prasad Singh, son of Late Chandrika Singh, resident of village- Nuruddinpur, P.O.- P.S.- Khusrupur, District- Patna …. Petitioner Versus 1. The Election Commission of India, through its Chief Election Commissioner, Nirvachan Sadan, Ashok Road, New Delhi 2. The Chief Election Commissioner, Election Commission of India, Nirvachan Sadan, Ashok Road, New Delhi-110001 3. The Chief Electoral Officer, 7, Mangles Road, Patna, Bihar, 4. The Returning Officer, 30, Patna Sahib Parliamentary Constituency, Patna ………….. Respondents. ----------- For the petitioner: Mr. Arun Kumar Tiwari, Advocate For the Election Commission: Mr. J.P.Karn ----------- 2. 28.04.2009 The petitioner being aggrieved by the rejection of his nomination paper by the Returning Officer as a candidate from 30, Patna Sahib Parliamentary Constituency has approached this Court. It is contended by learned counsel for the petitioner that no ground has been disclosed to the petitioner for the said rejection. A preliminary objection is taken by learned counsel for the Election Commission of India that no interference ought to be made under the writ jurisdiction of this Court while the election process is on in view of the bar contained in Article 329(b) of the Constitution of India. This Court accepts the said preliminary objection raised by learned counsel for Election Commission. The writ application is accordingly dismissed as not maintainable. Learned counsel for the petitioner relies upon a decision of this Court in the case of Rameshwar Prasad Yadav Vs. - 2 - Awadhesh Kumar Singh: 2007(3) PLJR 427 in which the direction of the Election Commission with regard to rescrutiny of the nomination papers of the candidates by the Returning Officer and thereafter reversing by the latter of his earlier decision has been upheld by this Court. It is submitted that the petitioner has also filed representation before the Election Commission by sending it through fax and it is open for the Election Commission to consider the same. In view of the aforesaid, if the Election Commission is of the view that the representation of the petitioner can be considered without disturbing the ensuing Parliamentary election which is to take place on 7.5.2009, the same may be considered in accordance with law. Let a copy of this order be handed over to Mr. J.P. Karn, learned counsel for the Election Commission of India. S.Pandey (Ramesh Kumar Datta, J.)