IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15059 of 2009 1. BRAJ KISHORE RAY S/O LATE RAJDEO RAY R/O VILL- MADHUAHAN MAL, P.O-TETARIYA FACTORY, P.S- RAJEPUR, DISTT- EAST CHAMPARAN…………PETITIONER. VERSUS 1. THE STATE OF BIHAR 2. THE CHIEF ELECTORAL OFFICER, BIHAR ELECTION AUTHORITY, BARAK NO. -11, OLD SECRETARIAT, PATNA- 800015 3. THE DISTRICT ELECTION OFFICER-CUM-DISTRICT MAGISTRATE, DISTT- EAST CHAMPARAN 4. THE SUB-DIVISIONAL OFFICER, PAKARIDAYAL, EAST CHAMPARAN 5. THE ELECTION OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, TETARIYA, EAST CHAMPARAN 6. THE BLOCK CO-OPERATIVE OFFICER, TETARIYA BLOCK, DISTT- EAST CHAMPARAN 7. THE SECRETARY-CUM-PAID MANAGER, MADHAHAN BRIT PACS, TETARIYA, EAST CHAMPARAN 8. SHRI HARI SHANKAR SINGH, THE NODAL OFFICER-CUM- A.D.M. EAST CHAMPARN, MOTIHARI 9. MR. MANOJ KUMAR S/O SHRI RAM KAILASH RAY, R/O VILL-MAHMADPUR SAGAR, P.S- RAJEPUR, P.O- TETARIYA FACTORY, DISTT- EAST CHAMPARAN 10.MR. SHASHI SHEKHAR YADAV, S/O SHRI RAM CHANDRA YADAV, R/O VILL- MADHUAHAN MAL, P.O- TETARIYA FACTORY, P.S- RAJEPUR, DISTT- EAST CHAMPARAN ………RESPONDENTS. For the petitioner : Mr. S.P. Srivastava, Advocate. For the Election Authority : Mr. M.K. Thakur, Advocate. For the State : Dr. Md. Raisul Haque, G.P.-5 For respondent no.9 : Mr. Umakant Shukla, Advocate. ----------- 05/ 13.07.2010 Heard learned counsel for the petitioner, learned counsel for Bihar Election Authority, learned counsel for the State of Bihar and also learned counsel for private respondent no.9. Learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to file an election petition before the Assistant Registrar, Co-operative Society, East Champaran. 2 Accordingly, this writ petition is dismissed as withdrawn with the aforesaid liberty. If the petitioner files the aforesaid election petition before the authority concerned within fifteen days from today along with an application for condoning the delay, the authority concerned shall decide the matter on merits considering the pendency of this writ petition. harish/ ( S. N. Hussain, J. )