IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16132 of 2009 SHEO SHANKAR SAH S/O LATE LACHAN CHOUDHARY R/O VILL.- KRISHNAPUR, P.S.- BATHNAHA, DISTT.- SITAMARHI. ……PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, DEPTT. OF CO-OPERATION, NEW SECRETARIAT, PATNA. 3. REGISTRAR, CO-OPERATIVE SOCIETIES, BIHAR, PATNA. 4. DISTRICT MAGISTRATE-CUM-ELECTION OFFICER (PACS), SITAMARHI. 5. DISTRICT CO-OPERATIVE OFFICER (PACS), SITAMARHI. 6. BLOCK DEVELOPMENT OFFICER, BATHANAHA-CUM- ELECTION OFFICER (PACS), BATHANAHA, DISTT.- SITAMARHI. 7. RAM KISHORE PRASAD, S/O NAGENDRA PRASAD, R/O VILL.-KRISHNAPUR, P.S. BATHANAHA, DISTT.- SITAMARHI. ……RESPONDENTS. ----------- For the petitioner : Mr. Sanjay Kumar, Advocate. For the State : Ms. Kalpana Singh, A.C. to G.P.X. For the State Election : Mr. M.K.Thakur, Advocate. Authority ---------- 02/ 07.09.2010 Heard learned counsel for the petitioner, learned counsel for the State of Bihar and its authorities as well as learned counsel for the Bihar State Election Authority. 2. This writ petition has been filed by the petitioner challenging declaration of election of respondent no.7 for the post of Chairman, Harnahiya Primary Agriculture Credit Society (PACS) in the district of Sitamarhi and for other ancillary reliefs. 3. Learned counsel for the petitioner seeks permission to withdraw this writ petition in order to file an election petition before the Assistant Registrar, Co-operative Societies of Sitamarhi as per the provisions of Sections 10 and 11 of the Bihar State - 2 - Election Authority Act, 2008. 4. Considering the facts and circumstances of this case, the prayer is allowed and this writ petition is disposed of as withdrawn with the aforesaid liberty. However, if the election petition is filed before the said authority within fifteen days along with a copy of this order as well as an interlocutory application for condoning the delay, the said authority considering the time taken due to the pendency of this writ petition shall decide the matter on merits in accordance with law expeditiously. Sunil (S. N. Hussain, J.)