IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 14220 of 2009 1. GOVIND PD. SINGH S/O LATE RAGHUNANDAN PD. SINGH VILL.- MANDI, P.S.- PARASBIGHA, DISTT.- JEHANABAD Versus 1. THE STATE OF BIHAR 2. THE BIHAR STATE ELECTION AUTHORITY BIHAR, PATNA, THROUGH THE MANAGING DIRECTOR, THE BIHAR STATE COOPERATIVE SOCIETY, BIHAR, PATNA 3. DISTRICT ELECTION OFFICER-CUM-COLLECTOR JEHANABAD 4. THE RETURNING OFFICER-CUM-BLOCK DEVELOPMENT OFFICER JEHANABAD SADAR, JEHANABAD 5. THE DEPUTY ELECTION OFFICER MANDI PRIMARY AGRICULTURE COOPERATIVE SOCIETIES, JEHANABAD SADAR, JEHANABAD 6. KAMLESH KUMAR ROY S/O GOPAL SHARAN VILL.- MANDIL, P.S. PARASBIGHA, DISTT.- JEHANABAD 7. PRESIDING OFFICER BOOTH NO. 2/2009 ELECTION OF PRIMARY AGRICULTURE CO-OPERATIVE SOCIETY MANDIL, JEHANABAD 8. CHINTA HARAN YADAV S/O KULDEEP YADAV VILL.- PAKARI, P.O. MANDIL, P.S. PARASBIGHA, DISTT.- JEHANABAD 9. BAJRANGI SINGH S/O KESHWAR SINGH VILL.- MANDI TOLA SUNDARPUR, P.S. PARASBIGHA, DISTT.- JEHANABAD ----------- 2 17.11.2009 The petitioner submits that the instrument for marking ballot papers, as supplied at some of the booths, did not have the appropriate Swastik mark. It is because of that reason, large number of votes were rejected as invalid at the time of counting. He submits that there is no fault of the voters in that regard. They used the instrument as was supplied. Their votes cannot be discarded. He submits that consequently the results, as declared, are not the mandate of people. In my view, it would be appropriate for the petitioner to raise such a dispute before Election Tribunal which has the necessary power to investigate this fact and, if necessary, declare the elections to be vitiated for gross procedural impropriety. The remedy being available before the Election 2 Tribunal, the writ petition is not maintainable. It is, accordingly, dismissed. However, before parting, I would direct the State Election Commission to look into the matter and take remedial steps in accordance with law so that will of electorates are not frustrated in such manner. M.E.H./ (Navaniti Prasad Singh)