IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9406 of 2011 Mohan Ray S/O Kuldeep Ray R/O Vill.- Sujavalpur, P.O.- Dholi, P.S.- Dholi, Distt.- Muzaffarpur Versus 1. The State Of Bihar 2. The State Election Commissioner Bihar, Patna Having His Officer At Sone Bhawan, P.S.- Kotwali, Distt.- Patna 3. The District Collector Cum Returning Officer Muzaffarpur Having His Office At Collectorate, Distt.- Muzaffarpur 4. The Block Development Officer Sokra Block Cum Assistant Election Officer, Distt.- Muzaffarpur 5. Sri Naki Ahmad, Elected Mukhiya S/O Md. Taslim Ahmad R/O Sujavalpur, P.S.- Dholi, P.S.- Dholi, Distt.- Muzaffarpur ---------------------------------- 5. 12.12.2011. Heard learned counsel for the petitioner and the respondents. The petitioner prays for declaring the result of election of Mukhia of Machhihi panchayat in Sakara bock in the district of Muzaffarpur, declared on 28.5.2011, as null and void. The petitioner was one of the contestants for the post of Mukhia of Machhihi panchayat which was scheduled to be held on 15.5.2011. He was allotted ‘bridge (PUL)’ as his election symbol. He started canvassing on the basis of allotted symbol. However, the ballot paper in course of voting showed another symbol allotted to petitioner and four other contestants. On protest, election was cancelled and rescheduled for 20.5.2011. On 2 18.5.2011, the petitioner was allotted ‘brush’ as his election symbol. The petitioner submits that respondent no.5, was allotted ‘bridge’ symbol, who won the election. The petitioner submits that allotment of his original symbol to respondent no.5 prejudiced his case, as earlier he had canvassed for the said symbol (bridge). Counter affidavit has been filed by respondent nos. 2 and 3. Factual aspects in respect of allotment of symbol have not been disputed. Counsel for the respondents state that now election result has been announced and certificate has been issued on 26.11.2011 itself, the petitioner’s remedy would be by way of filing of election petition under section 137 of the Bihar Panchayat Raj Act, 2006. I am in the agreement with the submissions of respondents that the remedy available to petitioner is by way of election petition. The issue revolves around allotment of symbol and whether the same has prejudiced petitioner’s chance of wining the election. In case any election petition is preferred, the same would be disposed of in accordance with law, 3 preferably within eight months. With the aforesaid liberty, the writ petition is disposed of. Shashi. (Samarendra Pratap Singh, J.)