IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15948 of 2009 ARUN SINGH S/O LATE BALISTAR SINGH R/O VILL.- PARSAUNA TAPSI, P.S.- PALANWA, DISTT.- EAST CHAMPARAN Versus 1. THE STATE OF BIHAR, THROUGH THE DISTRICT MAGISTRATE, EAST CHAMPARAN, MOTIHARI 2. JOINT REGISTRAR-CO-OPERATIVE SOCIETIES, TIRHUT DIVISION, MUZAFFARPUR 3. THE DISTRICT CO-OPERATIVE OFFICER, EAST CHAMPARAN, MOTIHARI 4. THE BLOCK DEVELOPMENT OFFICER, BLOCK- RAXAUL, DISTT.- EAST CHAMPARAN 5. THE BLOCK CO-OPERATIVE EXTENSION OFFICER, BLOCK- RAXAUL, DISTT.- EAST CHAMPARAN 6. GAD BAHUARI, PRIMARY AGRICULTURE CREDIT CO- OPERATIVE SOCIETY, BLOCK RAXAUL, DISTT.- EAST CHAMPARAN, THROUGH ITS CHAIRMAN. 7. SHRI SHATRUGHAN PRASAD SINGH S/O LATE YAMUNA SINGH R/O PARSAUNA TAPSI, P.S.- PALANWA, DISTT.- EAST CHAMPARAN For the petitioner : Mr. Krishna Kant Singh, Advocate. For the State : AC to GP-17 For the State Election Authority : Mr. M.K.Thakur, Advocate. ----------- 2. 05-08-2010 1. Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the State Election Authority. 2. The petitioner is aggrieved by the election of Respondent No. 7 as Chairman of the Gad Bahuari, Primary Agriculture Credit Co-Operative Society, Block Raxaul, District - East Champaran, due to the irregularities and illegalities committed in the voter list and election process. 3. Learned counsel for the State Election Authority submits that Sections 10 and 11 of the Bihar State Election Authority Act, 2008 provides election petition to be filed before the Assistant - 2 - Registrar, Co-operative Societies of the concerned District, which is now operational. He further submits that since an appropriate remedy is available, this writ petition is not maintainable. 4. Considering the aforesaid facts and circumstances, learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to file an election petition before the said authority. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty to the petitioner. 5. If such an election petition is filed before the authority concerned within 15 days from today along with a copy of this order as well as an interlocutory application for condoning the delay, the said authority, considering the delay caused due to pendency of this writ petition, shall decide the election petition on merits in accordance with law expeditiously. Sujit (S.N.Hussain,J)