IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No. 11305 of 2010 ========================================== Amitabh Kashyap, Advocate S/O Late Pt. Ram Narayan Shastri R/O M 3/14, Road No. 11, Rajendra Nagar, P.S.- Kadamkuan, Distt.- Patna ………..Petitioner Versus 1. Election Commission Of India Through Chief Election Commissioner, Nirvachan Sadan, New Delhi 2. State Chief Electoral Officer, Bihar 3. The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna 4. Union of India through Secretary, Ministry of Home, New Delhi ………… Respondents =================================================== APPEARANCE For the Petitioner : Mr. Bhupendra Kumar, Mr. Ebrahim Kabir Mrs. Shruti Sinha, Advocates For the Respondents 1 & 2 : Mr. J.P.Karn, Sr. Advocate For the Union of India: Mr. Sajid Salim Khan, CGC =================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 28/7/2010 Heard the learned advocates. The writ petitioner, a resident of Patna City, has filed this petition in public interest calling upon this court to issue direction to the Election Commission of India to take action against the political parties which 2 gave a ‘bandh’ call and paralyzed the life in the Patna City and in the State of Bihar for almost a week. The members of the political parties also indulged into assault and vandalism causing threat to the persons and the property of the residents. We do appreciate the concern expressed by the petitioner. But, in our opinion, this is not the right forum for redressal of such grievance. The learned advocate Mr. Bhupendra Kumar has not been able to satisfy us that the Election Commission of India has any authority in respect of such incidents. Besides, the concerned political parties are not made party to this petition. Third, if any individual has indulged into vandalism or assault, adequate remedy under the Code of Criminal Procedure is available to the victim. The petition in the present nature is certainly misconceived. The petition is dismissed in limine. Neyaz/ ( R. M. Doshit, CJ.) ( Jyoti Saran, J.) 3