IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14836 of 2009 1. SHESH NATH PATHAK S/O LATE SHEO DUTT PATHAK VILL.- NEAZIPUR (DADABABA KE DERA), P.S.- SIMRI, DISTT.- BUXAR. VERSUS 1. THE ELECTION COMMISSION OF INDIA THROUGH CHIEF ELECTION COMMISSIONER OF INDIA NEW DELHI 2. THE CHIEF ELECTION COMMISSIONER 3. THE STATE ELECTION OFFICER BIHAR 4. THE DISTRICT MAGISTRATE CUM RETURNING OFFICER 33 BUXAR PARLIAMENTARY CONSTITUENCY BUXAR, BIHAR 5. PUBLIC INFORMATION OFFICER CUM JOINT ELECTION OFFICER BIHAR, 07 MANGLED ROAD, PATNA-15 ----------- 02 04.01.2010 The petitioner in order to establish that the election results of Buxar Parliamentary Constituency held during General Election-2009, is vitiated because of calculation of error, filed a writ petition before this Court. This Court directed that the information which he seeks could be available to him by making an application under Right to Information Act. Petitioner alleges that he made such an application and was supplied by Annexure-5 dated 05.10.2009 details whereof have been annexed as Annexure-1. Petitioner states that this is not sufficient information as demanded by him. He wanted machine wise break up, which has been tabulated in a consolidated form in Annexure-1 to the writ petition that has not been given. In my view, as evident from Annexure-5 itself, it is clearly provided that in case petitioner is aggrieved by incomplete disclosure or wrong disclosure of information, he has a right to appeal to the Appellate Authority-cum-Chief - 2 - Election Commissioner, Bihar. In my view, it is appropriate for the petitioner first to avail of this remedy which is statutory remedy for his grievance and then come to this Court. The writ petition is, thus, premature. If such an appeal is filed by the petitioner, the Appellate Authority would entertain the same and takes steps for its Redressal in accordance with law expeditiously. The writ petition is accordingly disposed of. Trivedi/ (Navaniti Prasad Singh, J.)