IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1161 of 2010 Kumar Sanjay Prasad, son of Krishna Pandit Sah, resident of village Muradpur Hujra, P.S. and District- Arwal …….. Petitioner Versus 1.The State Of Bihar 2.The Commissioner, Election Commission, Govt. of Bihar, Patna 3.The Principal Secretary, Mines and Mineral Department, Government of Bihar, Patna 4.The Commissioner, Magadh Division, Gaya 5.The District Magistrate, Arwal …….. Respondents ----------- 2. 22/01/2010 Prayer of the petitioner in this writ application is to direct the respondents to postpone the settlement of Balu Ghats in the district of Arwal till completion of election of Nagar Parishad. It is submitted by learned counsel for the petitioner that news has been published in the newspapers that election of Nagar Parishad is going to be held on 25th February, 2010 and notification for the same shall be published on 27th January, 2010. He submits that since the date of notification has already been announced, in all propriety, fresh settlement of Balu Ghats should have been postponed by the respondents. Technically, no such order can be passed by this Court since notification of election has not been issued and therefore, model code of - 2 - conduct does not come into operation. However, it will be open to the respondents to consider as to whether, in view of ensuing election, fresh settlement of Balu Ghats may be postponed for a month or not so that the same may not work as creating any advantage in election to any party. With the above observations, this writ application is disposed of. Pradeep/ (J. N. Singh, J.)