IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6633 of 2011 SURESH RAJVANSI . Versus THE STATE OF BIHAR & ORS . ----------- 2. 19.04.2011 Heard learned counsel for the petitioner and the State Election Commission. The petitioner seeks a mandamus for the location of a polling booth aggrieved by its shifting from the earlier location at Primary School, Pachgharwa to the Primary School, Dhanawan at a distance of 8 K.M. Learned counsel for the petitioner submits that the change has been done mala fide by interpolation and without necessary recommendations. Counsel for the Commission submits that the elections are to be held tomorrow. Rule 27 of the Bihar Panchayat Election Rules provides that the State Election Commission may alter the polling booth as recommended by the District Election Officer but the latter cannot make any alteration without the permission or approval of the Commission. The power being there, whether there was interpolation or not and whether appropriate orders had been passed for shifting the location of the booth etc. are all questions of fact which cannot be adjudicated in 2 a writ petition, more so at such a belated stage. The writ application is dismissed. P. Kumar ( Navin Sinha, J.)