IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14075 of 2011 Md. Rejauddin S/O Late Md. Mohiuddin R/O Vill. + P.O. - Sangram, P.S- Jhanjarpur, Distt.- Madhubani. Petitioner. Versus 1. The State of Bihar through the District Election Officer, Madhubani. 2. Sub-Divisional Officer Jhanjarpur Cum Returning Officer Jhanjarpur, Distt.- Madhubani. 3. Assistant Returning Officer Jhanjarpur, Distt.- Madhubani Cum Block Development Officer Jhanjarpur Distt.- Madhubani 4. Md. Sanaullah Rahmani S/O Lutfullah Rahmani R/O Vill.- Piprolia, P.O.- Araria, P.S.- Jhanjarpur, Distt.- Madhubani. . . . . . Respondents. ----------- 2/ 05.09.2011 The petitioner was a candidate from Madhubani Jila Parishad Constituency No.51, in the district of Madhubani. The petitioner submits that there was gross irregularity in counting of votes, as such he filed a petition under Rule 79 of Bihar Panchayat Election Rules 2006 (hereinafter referred to as ‘the Act’) for recounting. The petitioner submits that returning officer namely the Sub-Divisional Officer, Jhanjharpur did not entertain the application, which he was obliged to do under Rule 79 of the Act. The petitioner alleges that the Block Development Officer-cum-Assistant Returning Officer, Jhanjharpur, who was debarred from doing any election work, still performed the counting of votes in the election. The petitioner submits that the entire election, thus, stands vitiated. The petitioner submits that he has already filed an Election petition no. 04 of 2011 in the court of learned Sub-Judge-I, Jhanjharpur, Madhubani. As the petitioner has already preferred Election Petition, this court would observe that Sub-Judge-I, Jhanjharpur, Madhubani in seisin of the case would dispose of the same preferably within a period of seven months from the date of 2 receipt of receipt of a copy of this order. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)