IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14257 of 2007 Ramrati Devi, wife of Rambabu Ray, resident of village-Rajpur, P.O. & P.S. Naya Gown, District- Saran Versus 1. The Election Commission Bihar, through its Secretary 2. The State of Bihar through the District Magistrate-cum-District Election Officer, Saran at Chhapra 3. The Returning Officer-cum-Block Development Officer, Sonpur, District-Saran 4. The Assistant Returning Officer, Sonepur Block, District-Saran 5. Rita Devi, wife of Ajay Kumar Singh, resident of village Kasturi Chak, P.O. + P.S. Naya Gawn, District-Saran 6. Umrawati Devi, wife of Krishna Manjhi, resident of village- Milki, P.O.+ P.S. Naya Gawn, District-Saran 7. Chandrawati Devi, wife of Raj Nath Rai, resident of village- Hasilpur, P.O.+ P.S. Naya Gawn, District-Saran 8. Meena Devi, wife of Sanjay Rai, resident of village- Hasilpur, P.O.+ P.S. Naya Gawn, District-Saran 9. Meera Devi, wife of Ramesh Ray, resident of village- Hasilpur, P.O.+ P.S. Naya Gawn, District-Saran 10.Vijyanti Devi, wife of Jangli Rai, resident of village- Hasilpur, P.O.+ P.S. Naya Gawn, District-Saran 11.Shanti Devi, wife of Om Prakash Singh, resident of Village-Babhan Gawn, P.O. + P.S. Naya Gawn, District-Saran. ----------- For the petitioner: - Mr. Anil Kumar Singh, Advocate For the State: - Mr. Niraj Kumar Mishra, AC to GA 7 For State Election Commission: - Mr. Sanjeev Nikesh, Advocate ----------- 2. 28.01.2009 Heard learned counsel for the petitioner. The petitioner seeks quashing of the order dated 21.9.2007 passed by the Munsif-III, Chhapra in Election Case No. 9/52 of 2006. The grievance of the petitioner is that by the said order the learned Munsif has not passed any positive order on the preliminary objection raised by the petitioner that in the light of the prayer made in the Election Case no relief can be granted and it should be dismissed; rather he kept the objection pending to be - 2 - decided at the time of final disposal of the case. From a perusal of the impugned order it appears that the learned Tribunal has not finally rejected the objection raised by the petitioner but has only postponed it so that it can be decided after the parties are heard in detail on the basis of evidence led during the course of the trial. This Court does not find any illegality in the said decision of the learned Tribunal. The writ petition is accordingly dismissed. S.Pandey (Ramesh Kumar Datta, J.)