IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15760 of 2009 ARJUN PRASAD YADAV, S/O LATE GOKHUL PRASAD YADAV PERMANENT RESIDENT OF VILLAGE DAHARPUR, P.S. GHOSHI, DISTT- JEHANABAD, AT PRESENT RESIDING AT RAI JAI KRISHNA ROAD, GURHATTA, P.S.KHAJEKALA, PATNACITY, DISTT- PATNA. …….PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE BIHAR STATE ELECTION AUTHORITY, BARRACK NO- 11. OLD SECRETARIAT, PATNA. 3. THE DISTRICT MAGISTRATE CUM DISTRICT ELECTION OFFICER (CO- OPERATIVE SOCIETIES) JEHANABAD. 4. THE DISTRICT CO- OPERATIVE OFFICER JAHANABAD. 5. THE BLOCK DEVELOPMENT OFFICER, GHOSHI , DISTT- JEHANABAD. 6. UPENDRA KUMAR S/O LATE DEV NANDAN SINGH, R/OVILL DAHARPUR, P.S. GHOSHI, DISTT- JEHANABAD. ……RESPONDENTS ----------- For the petitioner : Mr. Subroteswar De, Advocate. For the State : Mr. Shashikant Singh, A.C. to G.A.6. For the Election Authority : Mr. M.K.Thakur, Advocate. -------- 04/ 09.08.2010 Heard learned counsel for the petitioner, learned counsel for the State of Bihar and its authorities as well as learned counsel for the Bihar State Election Authority. 2. This writ petition has been filed by the petitioner challenging election of President, Sahpur Primary Agriculture Credit Co-operative Society in the district of Jehanabad, whereby respondent no.6 has been declared elected. According to the petitioner, it has been done illegally and against the provisions of law. 3. However, learned counsel for the respondents submits that according to Sections 10 and 11 of the Bihar State Election 2 Authority Act, 2008, election petition is provided for challenging such orders. In this regard, he relies upon letter no.647/ law dated 06.08.2010 issued by the Collector, Jehanabad from which it is apparent that Deputy Registrar, Co-operative Society, Jehanabad is functioning as the authority under the Act to hear such petitions. 4. In the aforesaid facts and circumstances, petitioner seeks permission to withdraw this petition with a liberty to file election petition before the said authority. 5. Considering the facts and circumstances of this case, this writ petition is dismissed as withdrawn with the aforesaid liberty. However, if an election petition is filed by the petitioner before the said authority within fifteen days along with an interlocutory application for condoning the delay, the said authority shall consider the delay caused due to pendency of the writ petition and shall decide the election petition on its merits in accordance with law. Sunil ( S. N. Hussain, J.)