IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2552 of 2004 PRITHIVI NATH CHOUBEY Versus THE STATE OF BIHAR & ORS ----------- 7. 6.8.2008 No one appears for the petitioner. It is stated in the writ petition that respondent no. 5 was elected for the post of Mukhiya and the election petition was filed by the petitioner against him and on the dismissal of the same by the impugned judgment dated 12.1.2004, the petitioner has approached this Court. In the abovementioned circumstances, the writ application cannot proceed in the absence of respondent no. 5.Hence the writ application has become wholly incompetent and it is dismissed. S.Pandey. (Ramesh Kumar Datta, J.)