IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8628 of 2007 SOBHA TIWARY Versus THE STATE OF BIHAR & ORS ----------- 3. 30.7.2008 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for respondent no.5 who has appeared today by filing power on her behalf. The petitioner seeks quashing of the order dated 5.4.2007 passed by Munsif West, Muzaffarpur in Election Petition No. 7 of 2006 by which he has dismissed the application filed by the petitioner for rejecting the election petition on various grounds. In the said impugned order the learned court below came to the conclusion that the issues raised by the petitioner are all mixed questions of fact and law. For the said reasons, the application was not maintainable at that stage and accordingly he has rejected the application. It is evident from the impugned order that the petitioner’s right to agitate the matter has not been shut out and it would be open to him to raise such issue during the course of the trial since the rejection of the petition is only at the preliminary stage at which it has been raised. Such an order is evidently within the discretion of the Court below, and this Court is satisfied that the same has not been exercised improperly. In the aforesaid view of the matter, this Court does not find any merit in the writ application and it is accordingly dismissed. S.Pandey. (Ramesh Kumar Datta, J.)