IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10504 of 2011 Shyam Sunder Iswar Versus The State Of Bihar & Ors ----------- For the Petitioner : Dr. Anjanai Prasad Singh, Advocate For the State : Mr. Rajiv Roy, G.P. For the Election Commission: Mr. Sanjeev Nikesh, Advocate 2 14.7.2011 KHAN The petitioner contested the election of Mukhiya of Panchayat Raj Manjhaul-4 in the district of Begusarai. He submits that at the time of filing of nomination the respondent no.5 Rajesh Kumar concealed the fact that he is absconder of Cheriya Bariyapur P.S. Case No.12/09 under sections 384, 386/34 of the Penal Code and his bail bond has been cancelled on 5.10.2010 by the learned court below. Despite the aforesaid fact, the respondent authorities did not take steps for cancelling the nomination of respondent no.5 which is in violation of section 125 of the Bihar Panchayat Raj Act. In my view, the petitioner should take resort to alternative remedy instead of pursuing the matter in writ jurisdiction. In case the petitioner files a suit before the competent court of civil jurisdiction, the same would be disposed of expeditiously without granting any unnecessary adjournment. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P. Singh,J) 2