IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4926 of 2009 OM SHANTI BAHA son of late Ram Bilash Satdarshi Of village Dulia Tola Nandpur, P.S.Shikarpur, District West Champaran-------------petitioner Versus 1.THE UNION OF INDIA through the Chief Election Commission, Govt. of India, New Delhi 2.The Chief Electoral Officer, Bihar, Patna 3.The District Election Officer, West Champaran 4.The Election Officer, Balmikinagar Parliament Constituency, West Champaran,Bettiah-respondents ----------- For the petitioner :Mr.Yogesh Chandra Verma For Election Commission of India:Mr.J.P.Karn For Union of India :Mr.Sudhir Singh ----- 3. 21.4.2009 The petitioner seeks quashing the order dated 6.4.2009 issued by respondent no.4, Election Officer, Balmikinagar Parliamentary Constituency, West Champaran, Bettiah by which he has rejected the nomination of the petitioner on the sole ground that the affidavit was not produced with the letter in Form 26. Learned counsel for the Election Commission of India raises a preliminary objection that the writ application is not maintainable under Article 226 of the Constitution of India in view of the bar contained in Article 329(b) of the Constitution of India. This Court has already considered the similar issue in an identical writ petition relating to rejection of nomination for non-filing of an affidavit in Form 26 in C.W.J.C.No. 4877 of 2009 2 (Satya Narayan Singh vs. Election Commission of India & ors.) by a detailed order dated 17.4.2009 accepting the preliminary objection raised by learned counsel for the Election Commission of India. In the aforesaid view of the matter, the present writ application is also dismissed in the same terms as the decision in Satya Narayan Singh’s case (supra). (Ramesh Kumar Datta,J.) spal/