IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No. 4555 of 2011 ====================================================== Manoj Agarwal, S/o Sri Satya Narayan Agarwal, Main Road, Buxa Gali, Jehanabad, P.S.-Jehanabad, District-Jehanabad. ……..Petitioner Versus 1. The State of Bihar. 2. The Chief Electoral Officer, Bihar, Patna. 3. The Magistrate-cum-District Election Officer, Constituency No. 216, Jehanabad. 4. Returning Officer, Constituency No. 216, Jehanabad. 5. Sanjay Kumar, S/o Late Rajendra Sao, R/o Mohalla-Pachmahal, Jehanabad, P.S. + P.O. and District-Jehanabad. …….. Respondents ====================================================== APPEARANCE: For the Petitioner : Mr. Sanjay Kumar @ Manu and Mr. Ravi Bhushan Kumar, Advocates. For the State : Mr. P.K. Verma, AAG 5 For the Respondents : Mr. J.P.Karn, Sr. Advocate. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 10.03.2011 This petition under Article 226 of the Constitution is filed by one Manoj Agarwal, a resident of Jehanabad allegedly in public interest against respondent no. 4 Returning Officer, for accepting the nomination of respondent no. 5 Sanjay Kumar for the Bihar Legislative Assembly Election 2010 from Constituency No. 216. The nomination of the respondent no. 5 was accepted by the Returning Officer for the Bihar Legislative Assembly Election held in the month of December 2010. The present petition purportedly in public interest is filed three months after the cause of action and after the respondent no. 5 2 contested the election and was defeated. We are unable to comprehend how a challenge to acceptance of nomination form can now be made after the election is held and the person concerned is defeated in such election. Not only the petition is far from the public interest, it is a frivolous petition filed for reasons known only to the petitioner. The petition is dismissed with cost. Cost is quantified at Rs. 5,000/-(five thousand). The petitioner will deposit the cost in the registry of this court within one month from today. The registry will report compliance to this court. In the event the petitioner fails to deposit the amount of cost, as directed, the District Magistrate, Jehanabad will recover the amount of cost as arrears of land revenue. Sujit (R.M.Doshit, CJ.) (Jyoti Saran,J.)