IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5613 of 2009 RINA DEVI Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : Mr. Sudhir Singh, Advocate. For the State : Mr. Suhash Pd. Singh, GA 8 For the Election Commission : Mr. S. Nikesh For Respondent No. 7 : Mr. Bhanu Pratap Singh, Advocate. 5/ 14-10-2009 Heard. Counsel for respondent no.7 has filed Vakalatnama. He says that he is left with no interest in the matter. Respondents no. 6 and 8, despite valid service of notice, have chosen not to appear. In the present case the challenge is to the impugned order dated 25.02.2009, which has been passed in Misc. Case No. 18 of 2007, by virtue of which one Mustari Khatoon was declared winner for the post of Member of Zila Parishad of Constituency No.9. Submission of the learned counsel for the petitioner is that when this order was challenged by way of writ it was stayed by this Court on 01.05.2009 as the Court per se found the said order to be erroneous and without jurisdiction. According to the petitioner the original dispute arose out of an Election Petition No. 12 of 2006 which was filed challenging the election of the present petitioner who was a returned candidate. Since the said election petition was time barred, therefore, the petitioner chose to file C.W.J.C. No.12003 and a Bench of this Court, vide order dated 03.10.2007 allowed the writ application and held that since the election petition was filed beyond the limitation period of 30 days and there is no power of condonation, therefore, the election petition was fit to be - 2 - rejected. After the order came to be passed by the High Court by way of a mischievous petition, a Misc. Case No. 18 of 2007 was filed which was filed in Election Petition No. 12 of 2006 for declaration that the said Mustari Khatoon to be the returned candidate. Submission of the counsel is that once the election petition itself stood dismissed on ground of limitation and that position stood affirmed by the High Court in its order dated 03.10.2007 there was no lis pending in which any kind of direction could be passed on any application filed. The submission of the petitioner is well founded, reasonable and good. Accordingly, the impugned order dated 25.02.2009 (Annexure-2) passed in Misc. Case No.18 of 2007 is quashed and the writ application is allowed. If there is no other impediment or restraint of judicial kind, then it is needless to say that the petitioner will be free to perform her duty as a zila Parishad member. ( Ajay Kumar Tripathi, J ) BTiwary/