IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15791 of 2009 RAM NARESH SINGH S/O LATE SITARAM SINGH, R/O VILL- BEDHANA, P.S-BARH, DISTT- PATNA……….PETITIONER. VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE-CUM-DISTRICT ELECTION OFFICER, (CO-OPERATIVE SOCIETIES), PACS ELECTION, PATNA 3. THE DISTRICT CO-OPERATIVE OFFICER, PATNA 4. BLOCK DEVELOPMENT OFFICER-CUM-ELECTION OFFICER, (PACS), PATNA 5. CHANDRA BHUSHAN PRASAD SINGH, S/O RAMJEE SINGH, R/O VILL-BEDHANA, P.S-BARH, DISTT- PATNA 6. JAY PRAKASH S/O KAPILDEO SINGH, R/O VILL-BADHANA TOLA RAMPUR, P.S-BARH, DISTT- PATNA 7. THE CHIEF ELECTION AUTHORITY, BIHAR PATNA. ……….RESPONDENTS. For the petitioner : Mr. Sanjay Kumar, Advocate. For the State : Mr. S.K. Saraf, AC to SC-5 For the Election Authority : Mr. M.K.Thakur,Advocate. ----------- 02/ 05.08.2010 Heard learned counsel for the petitioner and learned counsel for the State and its authorities as well as learned counsel for the State Election Authority. The petitioner is aggrieved by the election process conducted in Berhana West Primary Agriculture Co-operative Society which started on 17.08.2009 and also against the declaration of selection of private respondent no.6, as its Chairman and for other ancillary reliefs. Learned counsel for the petitioner raises several grounds challenging the impugned actions. On the other hand, learned counsel for the respondents submits that under sections 10 and 11 of the Bihar State Election Authority Act, 2008 there is a provision of election petition to be filed before the authority 2 concerned as the Assistant Registrar, Co-operative Society of each district has been appointed for considering the said election petitions. He further submits that such an Additional Assistant Registrar is functioning in the area in question also and elections petitions are being filed by aggrieved persons there which are being entertained. In the said circumstances, the petitioner had got an alternative remedy which he should have availed before coming to this court. In the said circumstances, learned counsel for the petitioner seeks permission to withdraw this petition in order to file an election petition before the aforesaid authority as stated by leaned counsel for the State Election Authority. Accordingly, this writ petition is dismissed as withdrawn with the aforesaid liberty. However, if such an election petition is filed before the said authority under sections 10 and 11 of the Act within fifteen days along with a copy of this order as well as an application for condoning the delay, the said authority considering the time taken in this writ petition, shall decide the election petition on merits. harish/ ( S. N. Hussain, J. )