IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7275 of 2011 Bishwanath Poddar, son of Late Ram Udgar Poddar, Resident of Village- Sahuri, P.S. Barauni, District- Begusarai. ………Petitioner. Versus 1. The State of Bihar through Principal Secretary, Bihar, Patna. 2. The State Election Commissioner, Bihar, Patna. 3. The Chief Election Commissioner, Bihar, Patna. 4. The Chief Election Officer, Bihar, Patna. 5. The District Magistrate, Begusarai. 6. The District Election Officer, Begusarai. 7. The Sub-divisional Officer, Begusarai. 8. The Block Development Officer-cum-Block Election Officer, Barauni, District- Begusarai. 9. Satrughan Paswan @ Satendra Kumar, son of Medni Paswan, Resident of Village- Sahuri, P.S.-Barauni, District-Begusarai. 10. Jay Jay Ram Sahni, son of Late Damodar Sahni, Resident of Village- Sahuri, P. S. Barauni, District-Begusarai. ……..Respondents. ----------- 2. 27.04.2011. Heard learned counsel for the petitioner and the State. 2. This writ petition has been filed for issuing a writ in the nature of mandamus or any other appropriate writ to cancel the nomination of respondent nos. 9 and 10 who have filed nomination as candidate for Mukhiya and Panchayat Secretary respectively. 3. Learned counsel for the State Election Commission however, submits that petitioner has filed representation before the Electoral Officer of the Election Commission of India. Whereas the - 2 - election of Mukhiya is concern of State Election Commission. It has further been contended that matter concerned with election and the election has been notified hence, the writ Court has no power to pass any order in view of Article 243 O of Constitution of India. 4. Article 243 O of Constitution of India starts with a non-obstinate clause “notwithstanding any thing contain in Constitution” and further Article 243 O (b) lay down that no election be called in question except by election petition prescribed in manner as provided by or under any law made by the appropriate legislature and Section 137 and 138 of Bihar Panchayat Election Act provides remedy by election petition before concerned Returning Officer. 5. Hence alternative remedy is available to the petitioner either to represent before the State Election Commission or to file an election petition before the concern Munsif. 6. Having regard to the facts of the case, I do not find any merit in this writ petition. However, alternative remedy is available to the petitioner to file - 3 - a representation before the State Election Commission or the Election Commission. 7. With the above observation, the writ petition is disposed of. m.p. (Gopal Prasad, J.)