IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16088 of 2009 1. MD. HARIS S/O LATE ABDUL RAHMAN R/O VILL.- PITHAURIYA KHURD, P.O.- ROUDHA, P.S.- JALE, DISTT.- DARBHANGA Versus 1. THE STATE OF BIHAR THROUGH SECRETARY CO-OPERATIVE DEPTT., BIHAR, PATNA 2. THE CHIEF ELECTION OFFICER, BIHAR STATE ELECTION AUTHORITY, BARRACK NO. 11, OLD SECRETARIATE, PATNA- 15 3. THE REGISTRAR CO-OPERATIVE SOCIETIES, BIHAR, PATNA 4. THE DISTRICT MAGISTRATE-CUM-DISTRICT ELECTION OFFICER, PACS, DISTT.- DARBHANGA 5. THE BLOCK DEVELOPMENT OFFICER-CUM-ELECTION OFFICER, JALE, DISTT.- DARBHANGA 6. THE DISTRICT CO-OPERATIVE OFFICER-CUM-DEPUTY DISTRICT ELECTION OFFICER, PACS, DISTT.- DARBHANGA 7. THE ASSISTANT REGISTRAR CO-OPERATIVE OFFICER, DARBHANGA, DISTT.- DARBHANGA 8. THE BLOCK AGRICULTURE OFFICER-CUM-DEPUTY ALTERNATE ELECTION OFFICER, PACS, JALE, DISTT.- DARBHANGA 9. RAM NARAIN MAHTO S/O BRAHMDEO MAHTO R/O VILL.- MANANDEO, P.O.- ROUDHA, P.S.- JALE, DISTT.- DARBHANGA 10. UTTARI JALE PRIMARY AGRICULTURE CREDIT CO- OPERATIVE SOCIETY LTD., JALE THROUGH ITS SO-CALLED CHAIRMAN RAM NARAIN MAHTO, S/O BRAHMDEO MAHTO R/O VILL.- MANADEO, P.O.- ROUDHA, P.S.- JALE, DISTT.- DARBHANGA ----------- For the Petitioner :- Mr. M. Chatterjee, Adv. For the Election Authority :- Mr. M. K. Thakur, Adv. For the State:- Mr. Maruth Nath Roy, A.C. To S.C.-XI ----------- 2. 30.08.2010 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the State Election authority. 2. This writ petition has been filed by the petitioner challenging the Election Certificate of Primary Agriculture Credit Co-operative Society, Jale, Darbhanga dated 1.9.2009 issued under the signature of the Election Officer-cum-Block Development Officer, Jale (respondent 2 no. 5) and for directing him to hold fresh election in accordance with law, after quashing the election held on 30.8.2009 in which respondent no. 9 succeeded in the said Primary Agriculture Credit Co-operative Society Ltd. 3. After some arguments learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to move before the Joint Registrar Co-operative Society, Darbhanga, Division under the provision of Sections 10 and 11 of the Bihar State Election Authority Act, 2008. 4. Considering the facts and circumstances of the case the prayer is allowed. This writ petition is disposed of with the aforesaid liberty. However, if the petitioner files election petition before the said authority within 15 days from today along with a copy of this order as well as an application for condoning the delay, the said authority shall consider the delay caused due to the pendency of this wit petition and shall decide the said election petition on merits in accordance with law expeditiously preferably within a period of six months. Anand Kr. (S.N. Hussain, J.)