IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6840 of 2011 RAM SURESH DUBEY, Son of Shri Salik Ram Dubey, Resident of Village – Khairadip, P.O. & P.S. – Daudnagar, District – Aurangabad. …….. Petitioner. Versus 1. THE STATE OF BIHAR 2. The State Election Commission, Patna through its Secretary. 3. Collector Aurangabad. 4. Sub Divisional Officer (Civil), Daudnagar, District – Aurangabad. 5. District Election Officer, Aurangabad. 6. Block Development Officer, Daudnagar, District – Aurangabad. ………… Respondents. ----------- 02/ 20.04.2011 Heard learned counsel for the petitioner and the State. This is a petition for issuing a writ or direction to the respondents authorities to shift the booth no. 79 from Primary School, Khairadip north side under gram panchayat Belwan, block Daudnagar, district – Aurangabad to Khairadip tola Habuchak. Learned counsel for the petitioner submits that the some of the voters of booth no. 79 have been shifted to Habuchak, which is inaccessable and infested with Naxalites where free election is not possible and hence that be restored. Learned counsel for the Election Commission, however, opposed that the matter concerned with the 2 election and under Article 243 (K) and 243 (O) of the Constitution of India provides that when the process of election has started, this Court under Article 226 of the Constitution of India has no jursidiction to pass an order. However, having regard to the submission since the election has already been announced and the election is to be held on 24.04.2011 and further in view of the Article 243 (K) and 243 (O) of the Constitution of India and as held in CWJC No. 6059 of 2011 the writ court has no power to interfere with the process of the election and the only remedy is by way of election petition, I do not find any merit in this writ petition. However, the petitioner, if so, advised may move the authority concerned. Learned counsel for the petitioner submits that he has filed a representation before the Election Commission and hence the Election Commission may in its discretion dispose of the same in accordance with law. Accordingly, this writ petition is disposed of. Kundan (Gopal Prasad, J.)