IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6807 of 2011 HAJRA KHATOON, wife of Late Raishul Azam, resident of village – Mirjapur, Ward No. 2 P.O. – Mirjapur Kothi, P.S. – Simraha, under the block Forbishganj, Distt. – Araria. ……... Petitioner. Versus 1. THE STATE OF BIHAR through the Secretary, Department of Panchayat Raj, Govt. of Bihar, Patna. 2. The Chairman, State Election Commission (Panchayat) Bihar, 3rd floor, Son Bhawan, Patna. 3. The Secretary, State Election Commission (Panchayat) Bihar, Son Bhawan, Patna. 4. The Distt. Magistrate-cum-District Election Officer (Panchayat) Araria. 5. The District Panchayat Raj Officer, Araria. 6. The Sub-Divisional Officer, Forbisganj, Araria. 7. The Block Development Officer-cum-Block Election Officer, Forbisganj, Block, Ararai. 8. The General Panchayat Secretary (G.P.S.) Forbisganj, Block, Araria. 9. The Panchayat Secretary of Mirjapur Panchayat under Forbisganj Block, Distt. Araria. 10. The A.R.O. Block Forbisganj, Araria. 11. The B.L.O. (Namely Rajnish Sharma) of Mirjapur Panchayat under Block Forbisganj, Distt. – Araria. …….. Respondents. ----------- 02/ 20.04.2011 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for issuing a writ in the nature of mandamus for adding the name of the petitioner in the voter list and to accept the nomination filed by the petitioner. Learned counsel for the petitioner submits that there is provision for adding the name of the petitioner in 2 the voter list. Learned counsel for the State, however, submits that under Section 126 of the Bihar Panchayat Act after the nomination of the election there can be no change in the electoral role and hence since the election has been notified, now there can be no addition in the electoral roll. However, the matter concerns with election of Panchayat, hence, taking into consideration Article 243 (K) and 243(O) of the Constitution of India and Section 137 and 138 of the Panchayat Raj Act, the remedy lies by election petition before Munsif and since the alternative remedy provided by the election petition as decided in C.W.J.C. No. 6051 of 2011 disposed of on 20.04.2011, this count in writ jurisdiction cannot interfere, hence, there is no merit in this petition. However, the petitioner may place their grievance before the Election Commission, who shall consider in accordance with law. Accordingly, this writ petition is dismissed. Kundan (Gopal Prasad, J.)