IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5210 of 2009 RAVI KUMAR, son of Sri Chhedi Lal, resident Of 1/34, New Patliputra Colony, P.S.Patliputra District Patna--------------------petitioner Versus 1.THE ELECTION COMMISSION OF INDIA, Nirvachan Sadan, Ashoka Road, New Delhi through the Chief Election Commissioner 2.The Chief Election Commissioner, The Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi 3.The Chief Electoral Officer, 7, Mangles Road, Bihar, Patna 4.The Returning Officer, 30, Patna Sahib Parliamentary Constituency, Patna 5.The Assistant Returning Officer, 30, Patna Sahib Parliamentary Constituency, Patna, District Patna------------respondents ----------- For the petitioner :M/S S.B.K.Mangalam Birendra Kumar For Election Commission of India:Mr.J.P.Karn, Sr.Advocate ----- 2. 23.4.2009 The petitioner has come to this Court seeking a direction upon the respondent nos. 4 and 5, the Returning Officer and the Assistant Returning Officer, 30, Patna Sahib Parliamentary Constituency, Patna to bring on record the decision taken by respondent no.4 with respect to the nomination of the petitioner at the time of scrutiny of his nomination paper on 20.4.2009 by which he has rejected the nomination paper of the petitioner and for other consequential declaration. 2 Learned counsel for the Election Commission of India has raised a preliminary objection that no writ petition is entertainable after notifications of election are issued and till conclusion of the election and even thereafter remedy of the petitioner would be to file an election petition. The preliminary objection of the learned counsel for the Election Commission of India has to be accepted in view of a long line of decisions of the Supreme Court in this regard starting from the Constitution Bench decision in the case of N.P.Ponnuswami vs. Returning Officer, Namakkal: AIR 1952 SC 64. The writ application is, accordingly, dismissed as not maintainable. However, learned counsel for the petitioner relies upon a decision of this Court in the case of Rameshwar Prasad Yadav vs. Awadhesh Kumar Singh : 2007(3) PLJR 427 in which the direction of the Election Commission with regard to rescrutiny of the nomination papers of the candidates by the Returning Officer and thereafter reversing by the 3 latter of his earlier decision has been upheld by this Court. It is submitted that the petitioner has also filed a representation before the Election Commission and it open for the Election Commission to consider the same. Without issuing any positive direction in the matter it is observed that if the Election Commission is of the view that the representation of the petitioner can be considered without in any way disturbing the ensuing Parliamentary Election in 30, Patna Sahib Parliamentary Constituency which is to take place on 7.5.2009, it may consider the same in accordance with law.. Let a copy of this order be handed over to Sri J.P.Karn, learned Sr.counsel for the Election Commission of India. (Ramesh Kumar Datta,J.) spal/