IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1562 of 2009 1. THE STATE ELECTION COMMISSION (PANCHAYAT) SONE BHAWAN, 3RD FLOOR, BIRCHAND PATEL PATH, PATNA THROUGH THE STATE ELECTION COMMISSIONER. 2. THE STATE ELECTION COMMISSIONER, THE STATE ELECTION COMMISSION (PANCHAYAT), SONE BHAWAN, 3RD FLOOR, BIRCHAND PATEL PATH, PATNA 3. THE SECRETARY, THE STATE ELECTION COMMISSION (PANCHAYAT), SONE BHAWAN, 3RD FLOOR, BIRCHAND PATEL PATH, PATNA. -------------Respondents/Appellants Versus 1. HIRA LAL SAH S/O LATE LAKHAN SAH R/O VILL.- KASAP, P.O.- KASAP, P.S.- UDWANT NAGAR, DISTT.- BHOJPUR AT ARA. ----------- Petitioner/Respondent 2. DISTRICT MAGISTRATE, BHOJPUR AT ARA, DISTT.- BHOJPUR AT ARA. 3. THE BLOCK DEVELOPMNT OFFICER, UDWANT NAGAR, DISTT.- BHOJPUR AT ARA. ----------- Respondents/Respondents ----------- 2 13.05.2010 Questioning the correctness of the order dated 19.11.2009 passed by the learned single Judge in C.W.J.C. No. 15215 of 2009, the State Election Commission has preferred this appeal. Mr. R.S. Pradhan, learned counsel appearing for the Commission submitted that he does not intend to challenge the ultimate conclusion of the learned single Judge as the disqualified candidate is presently holding the post after the disqualification has been erased but the 2 learned single Judge has held that the Election Commission could have withdrawn the order of disqualification after the conviction was stayed. It is urged by him that it is open to the writ petitioner to file a writ petition challenging the order of removal contending, interalia, that the disqualification has become extinct. We have been appraised at the Bar that in the meantime the private respondent being acquitted in the criminal appeal has been restored to his position and is continuing on the post. In view of the aforesaid submission put forth by Mr. Pradhan, the issue has become academic and it will be open to the Commission to challenge the same in appropriate case. With the aforementioned observations, the appeal stands disposed of. Rishi (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)