IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.777 of 2011 Arvind Kumar Choudhary, son of Sri Kishori Choudhary, resident of village Hawanpura, PS Rahue, District Nalanda ......Appellant Versus 1. The State Of Bihar 2. The Election Commission, Bihar Patna through its Secretary 3. The Secretary, Election Commission, Bihar, Patna 4. The District Magistrate, Nalanda at Biharsharif 5. The Sub-divisional Officer-cum-Election Officer, Biharsharif, Nalanda 6. The Block Development Officer-cum- Returning Officer, Rahue, Nalanda 7. The Head Master Government Middle School, Hawanpura, Rahue, Nalanda .......Respondents 2 06-05-2011 Heard learned counsel for the appellant, learned counsel for the State and learned counsel for the State Election Commission and perused the order of the writ court dated 3-5-2011 whereby writ petition preferred by the appellant bearing CWJC no. 7805/2011 has been dismissed. The case of the appellant is that his resignation was accepted by the competent authority, the Headmaster of the school and, therefore, rejection of his nomination paper by the returning officer on 1-4-2011 was illegal and rejection of his representation by the State Election Commission on 13-4-2011 is also against the law. According to Commission the competent authority to accept the resignation was Block Development Officer. 2 The election is scheduled to be held on 9th May, 2011 and the learned writ court rightly decided not to interfere in the matter and has observed that writ petitioner may seek appropriate remedy through election petition after the election is concluded. In our considered view, also exercise of writ jurisdiction is not appropriate so as to interfere with the election process which has already commenced. Hence, the appeal is dismissed. This order shall not preclude the appellant from pursuing his remedy in accordance with law. BKS/- (Shiva Kirti Singh, J.) ( Dr. Ravi Ranjan, J.)