IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6461 of 2010 1. Motiur Rahman S/O Late Meer Jalil R/O Alam Tola, Ward No. 23, Nagar Parishad, Forbesganj, P.S. Forbesganj, Distt.- Araria Versus 1. The State Of Bihar 2. The Principal Secretary, Urban Development And Housing Department, Govt. Of Bihar, Patna 3. The District Magistrate, Araria 4. The Additional Collector Araria Cum Observer Of Election Nagarparishad, Forbesganj, Distt.- Araria 5. The Sub Divisional Officer Cum Election Officer, Nagar Parishad Forbesganj, Distt.- Araria 6. Raj Kumar Agrawal S/O Late Kanhaiya Lal Agrawal R/O Ward No. 17, Chhuwapatti, D.D.Road, Forbesganj, P.S. Forbesganj, Distt.- Araria ------------------------ 2 14.09.2011 Heard Mr. Shashi Kumar, learned counsel appearing for the petitioner and Mr. Pramod Kumar Sinha, learned A.C. to A.A.G.2 for the State. The writ petition has been filed for quashing the memo bearing No. 194 dated 10.03.2010 issued under the signature of respondent No.5, the Sub-Divisional Officer-cum-Election Officer, Nagar Parishad Forbesganj, Araria declaring the respondent No.6 elected against the post of Deputy Chief Councillor, Nagar Parishad Forbesganj, Araria. In view of the alternative remedy provided under the provisions of Section 476 of the Bihar Municipal Act, 2007 (hereinafter referred to as the “Act”) read with Rule 103 of the Bihar Municipal Election Rules, 2007 a challenge to an election to any office of the municipality lies by way of an election petition. In so far as a challenge to any office in the Municipal Council is concerned the election petition shall lie before the Sub-Judge within 2 whose jurisdiction the municipality is situated. The period prescribed for filing the election petition is 30 days from the date of declaration of the result. It is not in dispute that the result was declared on 10.03.2010 and the present writ petition was filed on 03.04.2010 i.e. within the stipulated period of 30 days as provided under the Act. Thus in view of the alternative remedy available to the petitioner under the provisions of the Act and the rules framed thereunder the writ petition is disposed of with a liberty to the petitioner, if so advised to take recourse to the remedy provided to him under the provisions of the Act and the rules framed thereunder. Needless to add that if any such election petition is preferred by the petitioner together with the petition for condonation of delay the same may be considered and disposed of in accordance with law considering the pendency of the proceedings before this Court and the fact that the petitioner had approached this Court by way of present writ petition, within the stipulated period of 30 days. Bibhash (Jyoti Saran, J.)