02/ 3rd May 2011 IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.693 of 2011 NIBHA DEVI W/O BRAJ MOHAN TIWARI, R/O VILLAGE-DHIRAN CHAPRA BLOCK MUSHARI, P.S. BELA, GRAM PANCHAYAT, KANHOULI BISHNUDUTT, DIST-MUZAFFARPUR. …………………………...PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR 2. ELECTION COMMISSIONER, BIHAR AT SONE BHAWAN, P.S. SECTERIAT, DIST- PATNA. 3. DISTRICT MAGISTRATE-CUM-ELECTION OFFICER, MUZAFFARPUR AT MUZAFFARPUR P.S. DIST-MUZAFFARPUR. 4. PANCHAYAT OFFICER AT PANCHAYAT OFFICE MUZAFFARPUR, P.S. MUZAFFARPUR, TOWN, DISTRICT- MUZAFFARPUR 5. B.D.O-CUM-BLOCK ELECTION OFFICER, MUSHARI, PS. BELA, DISTRICT- MUZAFFARPUR……………...RESPONDENTS. ----------- Heard learned counsel for the appellant, learned counsel appearing for the State Election Commission as well as learned counsel for the State. 2. The writ petition preferred by the appellant against rejection of her nomination for the post of Mukhiya has been dismissed by the writ Court which has held that the relief sought for cannot be granted in writ jurisdiction and the remedy of the writ petitioner, if 2 any, lies in an election petition only. 3. Learned counsel for the appellant submits that name of the appellant was wrongfully deleted in the voter’s list of 2010 by the Election Commission of India and since the appellant is not at fault, her nomination should not have been cancelled on the basis of Assembly voter’s list of 2010. We find merit in the submission advanced on behalf of the State Election Commission that the voter’s list prepared for the Assembly Election cannot be interfered with by the State Election Commission and it is under legal obligation to conduct the Panchayat Election on the basis of voter’s list already published by the Election Commission of India. 4. In the facts of the case, we do not find any legal ground to compel the authorities to accept the nomination paper of the appellant. Since no relief can be granted to the appellant at this stage when the election has already commenced, the appeal is dismissed. 5. This order shall not prejudice the claim of the appellant before the concerned authorities for inclusion of her name. If such application is filed, the concerned authorities shall deal with the same in 3 accordance with law expeditiously preferably within a month. perwez (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)