IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16034 of 2009 1. RAM YATAN SINGH RAKESH, S/O LATE PARMESHWAR SINGH, RESIDENT OF VILL- MANIARPUR PATELI, P.S. GHATOHO, DISTT. SAMASTIPUR. PETITIONER. VERSUS 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, BIHAR, PATNA. 2. THE REGISTRAR CO-OPERATIVE SOCIETIES, BIHAR, PATNA. 3. THE ELECTION AUTHORITY, BIHAR, PATNA. 4. THE CHIEF ELECTION OFFICER, STATE ELECTION TRIBUNAL, CO-OPERATIVE SOCIETIES, BIHAR, PATNA. 5. THE JOINT REGISTRAR, CO-OPERATIVE, DARBHANGA DIVISION, DARBHANGA. 6. THE DISTRICT MAGISTRATE-CUM-DISTRICT RETURNING OFFICER, SAMASTIPUR. 7. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETY, DISTT. SAMASTIPUR. 8. THE DISTRICT CO-OPERATIVE SOCIETY OFFICER, SAMASTIPUR. 9. THE BLOCK DEVELOPMENT OFFICER-CUM-RETURNING OFFICER, BLOCK VIDYAPATI NAGAR, DISTT. SAMASTIPUR. 10. THE BLOCK CO-OPERATIVE EXTENSION OFFICER, BLOCK VIDYAPATI NAGAR, DISTT. SAMASTIPUR. 11. USHA DEVI W/O SRI LALIT THAKUR 12. CHANDESHWAR KUMAR S/O RAM BAHADUR SINGH 13. PUSHPENDRA THAKUR S/O SRI DUSTDUMAN THAKUR 14. RAM LAL RAI S/O SRI RAM BRIKSHA RAI RESPONDENTS NOS. 11 TO 14 ARE RESIDENT OF VILL- MANIARPUR, P.S. GHATOHO, DISTT. SAMASTIPUR. …..RESPONDENTS. ----------- For the petitioner : Mr. L.K.Yadav, Advocate. For the State : Mr. Indrajeet Bhushan, A.C. to G.P.22 For the election authority : Mr. M.K.Thakur, Advocate. ------ 02/ 26.08.2010 Heard learned counsel for the petitioner, learned counsel for the State of Bihar and its authorities as well as learned counsel for the State Election Authority. 2. This writ petition has been directed for cancelling the election of Primary Agriculture Credit Co-operative Society, - 2 - Manipur, under Block Vidyapati Nagar in the district of Samastipur which was held on 12.10.2009. The petitioner submits that grave illegalities and irregularities were committed in the said election. 3. Learned counsel for the respondents submits that writ petition is not maintainable as the petitioner has an alternative remedy under Sections 10 and 11 of the Bihar State Election Authority Act, 2008 and hence this writ petition is not maintainable. 4. In the aforesaid facts and circumstances of this case, 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 Society, Samastipur under the provision of Sections 10 and 11 of the Act. 5. Accordingly, this writ petition is dismissed as withdrawn with the aforesaid liberty. However, if the petitioner files the aforesaid election petition before the said authority within fifteen days from today along with a copy of this order as well as an application for condoning the delay, the said authority shall consider the pendency of this writ petition due to which the matter was delayed and decide the said election petition on merits in accordance with law expeditiously. Sunil (S. N. Hussain, J.)