IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18066 of 2009 HIRA DEVI W/O LATE GANAURI MANJHI R/O VILL- LARAYA TAND, P.O. BANGALWA, P.S. DHARHARA, DISTT. MUNGER VERSUS 1. THE STATE OF BIHAR 2. DISTRICT ELECTION OFFICER CUM DISTRICT MAGISTRATE MUNGER 3. RETURNING OFFICER CUM B.D.O. DHARHARA BLOCK, DISTT. MUNGER 4. ASSISTANT RETURNING OFFICER CUM B.C.O. DHARHARA BLOCK, DISTT. MUNGER 5. ASSISTANT RETURNING OFFICER CUM BLOCK ANIMAL HUSBANDARY OFFICER DHARHARA BLOCK, DISTT. MUNGER 6. BLOCK AGRICULTURE OFFICER DHARHARA 13 CODE, DISTT. MUNGER 7. OBSERVOR STATE ELECTION COMMISSION, BIHAR SONE BHAWAN, THIRD FLOOR, BIR CHAND PATEL MARG, PATNA 8. INDU DEVI W/O ARJUN PASWAN R/O VILL- GOVINDPUR, P.O. & P.S. DHARHARA, DISTT. MUNGER (ELECTION PETITIONER) 9. CHANDRI DEVI W/O TILO TURI R/O VILL- JATKUTIA, P.O. BANGALWA, P.S. DHARHARA, DISTT. MUNGER 10. BABITA DEVI W/O BINOD SADA R/O VILL- KHARANT, P.O. GHATWARI, P.S. DHARHARA, DISTT. MUNGER 11. RAMIA DEVI W/O YOGENDRA MANJHI R/O VILL- BANAR KOLA, P.O. BANGALWA, P.S. DHARHARA, DISTT. MUNGER 12. RUNIA DEVI W/O RAM BALAK SADA R/O VILL- KHARANT, P.O. GHATWARI, P.S. DHARHARA, DISTT. MUNGER 13. HIRA DEVI W/O RAJ KUMAR DASFOR R/O VILL- GOVINDPUR, P.O. & P.S. DHARHARA, DISTT. MUNGER ----------- 02 12.05.2010 Shri Sharma, learned Senior Counsel appearing in support of the writ petition submits that one of the main allegations in the election petition was of corrupt - 2 - practices, but there are no facts, much less, with any clarity in support of those allegations in the plaint and that being so the plaint ought to have been rejected by the Election Tribunal. After hearing the learned Senior Counsel, I am not impressed. Learned counsel fairly states that apart from this there are other allegations in the plaint as well for challenging the election. It is well settled that the plaint can be rejected only on the ground that taken as a whole it does not disclose any cause of action. That is not the case in the present case and, as such, the writ petition is misconceived. It is then submitted that petitioner may be allowed to raise this issue at the trial. All I can say is, if the law permits and the facts so demands the petitioner would be at liberty to raise any such issue available to him, which will be dealt with by the trial Court in accordance with law. With these observations, the writ petition is dismissed. Trivedi (Navaniti Prasad Singh, J.)