IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5161 of 2009 VISHWANATH PASWAN,S/0 late Jeewach Paswan, resident of village. Maheshwara, P.S. Babu Barhi, District- Madhubani. Versus 1. THE ELECTION COMMISSION OF INDIA through its Secretary,Nirvachan Sadan, Ashoka Road, New Delhi-1. 2. The Secretary, Election Commission of India,Nirvachan Sadan, Ashoka Road, New Delhi. 3. The Under Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi. 4. The District Election Officer, Madhubani. 5. The Incharge Deputy Election Officer, Madhubani 6. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. ----------- For the petitioner: Dr.Maya Nand Jha,Advocate For the Election Commission:Mr. J.P. Karn, Senior Advocate Mr. Siddarth Prasad, Advocate --- 2. 22.4.2009 The petitioner has come to this Court for setting aside the order dated 9.2.2009 passed by the Election Commission of India, by which the petitioner has been disqualified/debarred from contesting any election to the Parliament/State Legislature for three years in purported exercise of power under Section 10 A of the Representation of the People Act,1951 due to non-submission of details of election expenses for contesting the Bihar Legislative Assembly Election, 2005 from 76, Khajauli (S.C.) Assembly Segment. At the outset, learned counsel for the Election Commission of India raises a preliminary objection regarding the non- maintainability of the writ petition because of the alternative statutory remedy available to the petitioner under Section 11 of the Representation of the People Act. In the aforesaid circumstances, the writ application is disposed of with liberty to the petitioner to approach the Election Commission under Section 11 of the Representation of the People Act. VPS ( Ramesh Kumar Datta,J.)