IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6425 of 2011 Niraj Kumar, S/o Shri Girendra Das, resident of Village- Sitapur, P.O.- Samharigarh, P.S. Roh, District-Nawadah. ….Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate, Nawadah. 3. The District Panchayat Raj Officer, Nawdah. 4. The Block Development Officer-cum-Executive Officer, Block-Roh, District- Nawadah. 5. The State Election Commission, represented through its Secretary, the State Election Commission, Bihar, Sone Bhawan, 3rd Veer Chand Patel Path, Patna-800001. 6. The Secretary, the State Election Commission, Bihar, Sone Bhawan, 3rd Veer Chand Patel Path, Patna.-800001. ……..Respondents. For the petitioner :- Mr. S.P. Srivastava, Advocate. Mr. Rajeev Ranjan. Mr. Santosh Bharti, Advocate. For the Election Commission Mr. Sanjeev Nikesh, Advocate. For the State Mr. P. K. Verma, A.A.G.XII. ----------- 2. 13. 04. 2011. Heard learned counsel for the petitioner and the State. 2. This is a petition for issuing a writ in the nature of mandamus commanding the respondent nos. 5 and 6 to restore the election booth of Primary School, Bansichak, as the petitioner belongs to the category of Mahadait, but the respondent nos. 4 and 5 only in order to debar from polling, bifurcated the booths at two places without any valid rhyme and reason. 3. Learned counsel for the petitioner however, 2 submits that direction has been issued by the Election Commission for the purpose of establishment of Constitution of India whether valid or not. It has further been contended that out of 673 voters 481 voters has been retained in same village and 192 voters has been transferred to another polling booth whose distance is not less than 07 kilometers. It has further been contended there is no provision to establish the booth 07 kilometers with regard to only 192 voters has been tagged with another booth. It has been submitted that Rules 26 and 27 of Panchayat Election Rules permits the interference of booth by Election Commission. Rules 136 (2) Bihar Panchayati Raj Act gives power to look into the matter regarding election. 4. Learned counsel for the Election Commission contends that on the petition of this petitioner he has asked for report from the District Magistrate, but he has not sent any report. 5. Learned counsel for the Election Commission further submits that writ is not maintainable in view of Sections 137 and 138 of Bihar Panchayati Raj Act as well as Article 243 O of Constitution of India to 3 interfere with the election. 6. On the respective submission of the parties, question of consideration whether the petitioner has got remedy available under writ jurisdiction when the election has been notified and the process of Panchayat Election has set in. It is not disputed that process of election has settled and notified. 7. However, in this regard, it is relevant to quote; "Article 243 O Notwithstanding anything in this Constitution;- (a) the validity of any law relating to the delimitation of Constituency or the allotment of seat to such Constituency made or purported to be made of under Atricle 243 K shall not be called in question any court, (b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided by or under any law made by the legislature of a State." 4 8. However, the election process has set in after notification of the election, choice of booth also comes under the election and Article 243 O debar a remedy except by a election petition and hence writ is not maintainable. Any direction for grievance regarding booth comes under the definition of election and hence in view of Article 243 O this Court has no jurisdiction to interfere in the process of election under Article 226 of the Constitution of India. It is open to the petitioner to raise his grievance before the Election Commission and it is within the domain of the Election Commission to see the grievance and pass necessary direction in view of Rule 116 of Bihar Panchayat Election Rules. 9. With the above observations/directions, the writ petition is disposed of. m.p. ( Gopal Prasad, J.)