IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12424 of 2009 Laxman Chaurasia, S/o-Late Man Mohan Prasad, Resident of Mohalla- Nawada Ara, P.S.-Nawada Ara, District-Ara. -Petitioner. VERSUS 1. The State of Bihar. 2. The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna. 3. The Commissioner, Patna Division, Patna. 4. The District Magistrate, Ara-cum-District Election Officer (Nagarplika) Ara. 5. The Ara Municipal Corporation through its Urban Secretary, Ara. 6. The Municipal Commissioner, Ara, Municipal Corporation, Ara. 7. The Additional District Magistrate, Ara. 8. The State Election Commissioner, Bihar, through the Secretary, State Election Commission, Bihar, Patna, Sone Bhawan, Third Floor, Birchand Patel Marg, Patna-800001. 9. Sri Awadhesh Yadav, Son of not known, Ward Councillor of Ward No.27, presently new elected Chief Councillor the Ara Municipal Corporation, Ara. 10. Smt. Shabnam Praveen, Wife of not known, Ward Councillor of Ward No.3, presently new elected Deputy Chief Councillor the Ara Municipal Corporation, Ara. -Respondents. ----------- For the Petitioner : Mr. Y.V. Giri, Sr. Adv. Mr. Indu Bhushan. For the State : Mr. Ranjeet Kr. Pandey, A.C. to G.P.-19. For the Corporation : Mr. Nityanand Mishra. Mr. Santosh Kumar. For the respondents 9&10 : Mr. Kamal Nayan Choubey, Sr.Adv. Mr. Atal Bihari Pandey. Mr. Siddharth Harsh. For the Election Commission:Mr. R.S. Pradhan, Sr. Adv. Mr. Rajiv Lochan. ----------- 03 01.04.2010 The petitioner was the Mayor of Ara Municipal Corporation. He has filed this writ petition challenging the elections that were held on 20.07.2009, to fill up the purported vacancy caused by his exist on his own resignation, and consequently election of respondent no.9, as the Mayor as well as respondent no.10, the elected Deputy Mayor. Parties have appeared, counter affidavits and rejoinders - 2 - have been filed, pleadings are complete, as such, with consent of parties, this writ petition is being disposed of at this stage itself. Petitioner’s stand is that having been elected as Mayor in the year 2007 his stationery was lost, information regarding which he had given to the police on 20.09.2007. He now asserts that he learnt from the newspapers that he along with Deputy Mayor has resigned. The election took place on 20.07.2009 and respondent nos.9 & 10 were declared elected as Mayor and Deputy Mayor respectively. The writ petition was filed on 14.09.2009, that is, almost after two months of the said election. It is simply because of this that this Court is refusing to exercise its extraordinary jurisdiction. If the petitioner had not resigned, then the day election was announced due to his resignation and vacancy caused thereby, he should approached this Court or the competent authority to stop the election. He did nothing. He permitted the election to be held. Even after the election was held, he waited for two months. There is no explanation for this strange conduct by the petitioner. In my view, if the petitioner had tendered no resignation or had not resigned then he should have been protesting from the very first day itself, he did nothing, which denies him remedy through this Court. The writ petition is dismissed. Trivedi (Navaniti Prasad Singh, J.)