IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.641 of 2009 GAZALA KHATOON, WIFE OF QUAISHAR ALI KHAN, R/O VILLAGE – OLHANPUR, P.S.-MARHOWRAH, DISTT. – SARAN ……………. PETITIONER - APPELLANT Versus 1. THE STATE OF BIHAR, 2. THE ELECTION COMMISSIONER, BIHAR, PATNA, 3. THE DISTRICT ELECTION OFFICER-CUM-DISTRICT MAGISTRATE, CHAPRA, 4. RETURNING OFFICER-CUM-B.D.O., BLOCK – MARHOWRAH, DISTT. – SARAN (CHAPRA), 5. THE ASSISTANT RETURNING OFFICER, BLOCK – MARHOWRAH, DISTT. – SARAN (CHAPRA), AND 6. SHABNAM BANO, WIFE OF SANI AHMAD OF VILLAGE – OLHANPUR, P.S. MARHOWRAH, DISTT. – SARAN …… ……………………….RESPONDENTS – RESPONDENTS. ----------- For the Appellant:- Mr. Uma Shankar Pd. Singh, Sr. Advocate. For the State:- Mr. Ram Chandra Pd. Bharti, S.C. 14 & Mr. Ajay Kumar, AC to SC 14. For the Commission:-Mr. Sanjeev Nikesh. ---------- 2. 11.05.2009. Heard learned counsel for the appellant and perused the order of the Writ Court. We do not propose to issue notice as we find ourselves in agreement with the order of the Writ Court. It may be useful to mention here that after going through the Election Petition, a copy whereof was provided by the learned counsel for the appellant, we found that not only the document in question, contained in Annexure-3, dated 19.06.2006 is not mentioned in the pleadings nor a copy of the same was filed with the Election Petition, but there is also total lack of pleading 2 that any B.D.O. or Assistant Returning Officer had signed as a token of receipt of such a petition on 19.06.2006. In view of such lack of pleading in the Election Petition also no opportunity can be given to re- examine a witness only for the purpose of bringing on record the document, contained in Annexure-3, which is not at all covered by the pleadings. Hence, we find no merit in this appeal. It is accordingly dismissed. dk ( Shiva Kirti Singh, J. ) ( Dr. Ravi Ranjan, J. )