IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.704 of 2009 Asha Upadhaya, Wife of Sri Ajay Upadhaya, Resident of village- Mangraon, P.O. Mangraon, P.S.- Kachhwa Nasariganj, District- Rohtas. …….Petitioner-Appellant. Versus 1. The State Election Commission, Sone Bhawan, Birchand Patel Path, Patna through the State Election Commissioner. 2. The District Magistrate-cum-District Election Officer (Panchayat), District-Rohtas. 3. The Returning Officer (Panchayat)-cum-Block Development Officer, Nasriganj Block, District-Rohtas. 4. Prabhawati Devi, wife of Sri Bipin Bihari Upadhya, Resident of Village-Mangraon, P.O. Mangraon, P.S. Kachhwa Nasariganj, District-Rohtas. 5. Pawati Devi, Wife of Ayodhya Mahto, Resident of Village- Mangraon, P.S. Kachhwa Nasariganj, District-Rohtas. 6. Rita Devi, Wife of Upendra Yadav, Resident of Village- Mangraon, P.S. Kachhwa Nasariganj, District-Rohtas. ----------- 02. 14.07.2009 Heard learned counsel for the appellant and learned counsel for the State. After some arguments leaned counsel for the appellant prays to withdraw this appeal but he seeks liberty that if in future an occasion arises on account of final adjudication in the election petition No. 2 of 2006 then appellant should have liberty to challenge the order dated 04.05.2009 on the merits of that order. Considering the facts of the case and the aforesaid submission this appeal is disposed of as withdrawn with the - 2 - liberty aforesaid. It goes without saying that any party aggrieved by the final adjudication in the election petition shall be at liberty to challenge the final order but if occasion arises the appellant will be at liberty to challenge the order dated 04.05.2009 on merits. Vikash/- (Shiva Kirti Singh, J.) (Anjana Prakash, J.)