IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6197 of 2008 Mahjabeen, wife of Md. Iftakhar Alam, resident of Village- Hathauri Tola Khanpur, P.O. & P.S. Hathauri, District-Muzaffarpur…………………………………………………………Petitioner. Versus 1. The State of Bihar, through the Chief Secretary, Govt. of Bihar, Patna. 2. The State Election Commission, Sone Bhawan, Bihar, Patna, through its Secretary. 3. Rabia Parween, wife of Abdul Quadir, resident of Village-Hathauri Tola Khanpur, P.S. Hathauri, District- Muzaffarpur. 4. Zarina Khatoon, wife of Md. Yusuf, resident of Village- Hathauri Tola Khanpur, P.O. & P.S.Hathauri, District- Muzaffarpur. 5. Tahira Khatoon, wife of Md. Nizamuddin, resident of village-Hathauri, P.O. and P.S. Hathauri, District-Muzaffarpur. 6. Pratima Devi, wife of Sunil Kumar, resident of village- Hathauri, P.O. & P.S.Hathauri, District-Muzaffarpur. 7. Mosarat Jahan, wife of Kitamuddin, resident of Village- Hathauri Tola Khanpur, P.O. & P.S. Hathauri, District-Muzaffarpur. 8. Rekha Devi, wife of Abhayanand Singh, resident of village-Hathauri, P.O. & P.S. Hathauri, District-Muzaffarpur. 9. The Collector-cum-District Election Officer, Civil Court Compound,Muzaffarpur. 10. The C.O.-cum-Election Officer-cum-Returning Officer at P.O. & P.S. Hathauri Block Katra, District-Muzaffarpur. 11. The Munsif, East, Muzaffarpur……………………………………….……….Respondents. ----------- 2. 05.07.2011. Heard Mr. Md. Anisur Rahman learned counsel for the petitioner and Mr. Sanjeev Nikesh learned counsel for the State Election Commission. The present writ application has been filed for quashing the order dated 04.01.2008 passed in Election Petition No. 17 of 2006 by Munsif, East Champaran, by which the petitioner’s petition dated 03.08.2007 for rejection of Election Petition No. 17 of 2006 of respondent no.3 has been rejected. 2 It appears that petitioner’s application for dismissal of election petition on the ground that Election Commission was not made party was initially rejected which was challenged before this court in C.W.J.C. No. 5376 of 2007 when it was observed that Election Commission is not a necessary party in terms of Section 137 of Bihar Panchayat Raj Act, 2006 read with Rule 106 framed therein but this court held that in the interest of justice the State Election Commission is proper party for proper adjudication of case. In view of the earlier order passed in C.W.J.C. No. 5376 of 2007 the claim of the petitioner becomes redundant. Moreover earlier writ was filed by the petitioner with similar prayer. I find no merit in the writ application. The writ application is dismissed. U. K. ( Dinesh Kumar Singh, J)