IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. NO. 5451 OF 2009 SHREEKANT LABH, son of late Yadunandan Labh of Village Dudpura, P.O.Mangalgarh, P.S.Hasanpur, District Samastipur-----------------------------------petitioner -versus- 1. The Union of India, through Home Secretary, Government of India, New Delhi 2. The Chief Election Commissioner, Nirwachan Bhawan, New Delhi 3. The Chief Electoral Officer, Patna 4. The Returning Officer, 30- Patna Sahib Lok Sabha Constituency, Patna-------------------------------respondents -------- For the petitioner :M/S Badri Nr.Singh Ashok Kumar Verma For the Election Commission:Mr.J.P.Karn,Sr.Advocate For the Union of India :Mr.Sudhir Singh,A.S.G. ------- 2. 28.4.2009 Heard learned counsels for the parties. The petitioner seeks quashing of the order dated 20.4.2009 by which he has been informed that his nomination paper as contesting candidate from 30- Patna Sahib Lok Sabha Constituency has been cancelled on the ground that Form 26 was not filed with affidavit in accordance with law. Learned counsel for the Election Commission of India raises a preliminary objection that so long as the election process has not come to an end this Court ought not to interfere with the same in exercise of power under Article 226 of the Constitution and even thereafter the proper remedy for an aggrieved person is to file an election petition. In this regard he has relied upon a Constitution Bench decision of the Supreme Court in the case of N.P.Ponnuswami vs. Returning Officer, Namakkal : AIR 1952 SC 64. 2 This Court is in the agreement with the aforesaid preliminary objection raised by learned counsel for the Election Commission of India. The said decision of the Supreme Court has been followed in subsequent decisions including Constitution Bench decision. Learned counsel for the petitioner sought to raise various legal issues and sought to rely upon several decisions in support of his case. The Court is of the view that the said decisions do not support his case as they do not relate to rejection of nomination paper for non- filing of affidavit in Form 26. In the aforesaid view of the matter, the writ application is dismissed as not maintainable. (Ramesh Kumar Datta,J.) spal/