IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15385 of 2009 SACHIDA NAND SHARMA, S/O JAI PRAKASH SHARMA, R/O -VILL-PABAI, P.S- AMARPUR, DISTT- BANKA. …. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH DIRECTOR CUM SECRETARY PRIMARY AGRICULTURE SOCIETY, GOVT. OF BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, BANKA. 3. THE DISTRICT CO-OPERATIVE OFFICER, BANKA. 4. THE BLOCK CO-OPERATIVE OFFICER-CUM-RETURNING OFFICER, AMARPUR, DISTT- BANKA. 5. THE BLOCK DEVELOPMENT OFFICER, AMARPUR, DISTT- BANKA. 6. SANTOSH KUMAR CHOUDHARY, S/O ASHUTOSH KUMAR CHOUDHARY, R/O VILL- JANKIPUR, PABAI, P.S- AMARPUR, DISTT- BANKA. …. RESPONDENTS. ----------- For the petitioner : Mr. Nageshwar Prasad, Advocate. For the respondents- : Mr. M.K.Thakur, Advocate State Election Authorities ------ 02/ 20.07.2010 Heard learned counsel for the petitioner as well as learned counsel for the State Election Authorities. However, no one appears for the State of Bihar and its authorities. This writ petition has been filed by the petitioner for quashing the result of Election of Pabai PACS held on 06.10.2009 declaring respondent no.6 as the winner, although according to the petitioner he had adopted illegal means violating the rules and norms of the Election Commission. It is quite apparent that alternative remedy is available to the petitioner by way of filing an election petition under the provisions of 10 and 11 of the Bihar State Election Authority Act, 2008 before the notified authority, namely the Assistant - 2 - Registrar of Cooperative Societies of the district concerned. In the said circumstances, learned counsel for the petitioner seeks permission to withdraw this writ petition in order to file proper appeal before the said authority. Considering the facts and circumstances of this case, this writ petition is disposed of as withdrawn with a liberty to the petitioner to file an election petition as mentioned above and if such a petition is filed within fifteen days from today along with an application for condoning the delay, the said authority shall decide the election petition on merits considering the time consumed in this writ petition. Sunil (S. N. Hussain, J.)