IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8991 of 2011 SHANKAR CHOUDHARY . Versus THE STATE OF BIHAR & ORS . ----------- 2. 20.05.2011 Heard learned counsel for the petitioner and the State. The petitioner and private respondent no. 7 are contesting candidates for the Panchayat Election in the Panchayat Samiti, Jhanjharpur Block, in district Madhbuani. The contention on behalf of the petitioner is that the nomination of the private respondent was found to be invalid by the District Electoral Officer on the ground that his resignation had not been accepted by the appropriate authority. That has been upset by the State Election Commission without any valid justification. The battle at the hustings between the petitioner and the private respondents is sought to be shifted to the Court room by the petitioner who perhaps does not desire the test to be carried out in the arena of the electorate. Whether the resignation was accepted or not and who was the appropriate authority to accept the same or not are questions of fact which shall have to 2 be proved in a proper election proceeding where evidence both oral and documentary shall be led. The appropriate remedy of the petitioner therefore be of an election petition, should he prove unlucky at the hustings vis-à-vis the private respondent. If he proves lucky nothing need be done. The writ application stands dismissed. P. Kumar ( Navin Sinha, J.)