IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.885 of 2010 BIHAR STATE ELECTION AUTHORITY PATNA, BIHAR ---- Appellant Versus 1. THE STATE OF BIHAR 2. COLLECTOR-CUM-DISTRICT MAGISTRATE CHHAPRA 3. MANAGER, CHHAPRA DISTRICT CENTRAL COOPERATIVE BANK LTD., CHHAPRA 4. BLOCK DEVELOPMENT OFFICER-CUM- ELECTION OFFICER REVILGANJ BLOCK, CHHAPRA 5. BACCHA RAM S/O LATE DAYALI RAM R/O VILL.- KACHNAR, P.O. KACHNAR, P.S. REVILGANJ, DISTT.- CHHAPRA 6. BHIRJU NATH RAI S/O LATE SAKALDEEP RAI R/O VILL. + P.O. - KACHNAR, P.S. REVILGANJ, DISTT.- CHHAPRA --- Respondents. ----------- 3. 20.5.2011 Heard Mr. Mukesh Kumar Thakur for the appellant, and Mr. Gyan Prakash Ojha, learned Assistant Cousnel to Government Advocate No.5. The Bihar State Election Authority has challenged the judgment dated 31.3.2010, passed by a learned Single Judge of this Court in C.W.J.C. No. 14139 of 2009 (Baccha Ram V. The State of Bihar & Ors.), whereby election of the victorious candidate has been set aside, and fresh election has been ordered. The Bihar State Election Authority (hereinafter referred to as ‘the Authority’) has been constituted under the provisions of the Bihar Co-operative Society Amendment 2 Act 2008. It is a statutory body to conduct elections with respect to co-operative societies in the State of Bihar. It goes without saying that such a statutory body to hold elections has to conduct itself most impartially. Such an appeal as has been preferred by the Authority is tantamount to taking sides. The Authority should desist from supporting or challenging the election of one or other candidate, or the decisions of the courts setting aside or upholding the election. Otherwise the credibility of the Authority as an impartial body to hold free and fair elections, and without any bias, will be eroded. Learned counsel for the appellant realises the gravity of the situation and seeks permission to withdraw this appeal. It is accordingly dismissed as withdrawn. Vinay/ ( S. K. Katriar,J. ) ( S. P. Singh, J.)