IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10979 of 2009 ***** 1. Dactor Prasad Singh, son of late Sagar Singh, resident of village- Mungiya, P.S. Tandawa, District-Aurangabad. (Bihar). 2. Ajit Kumar Tiwari, son of Prabhu Nandan Tiwari, resident of village- Bengahi, P.S. Tandawa, District-Aurangabad. (Bihar). …. …. Petitioners Versus 1. The State of Bihar through the Secretary, Co-operative Department, Government of Bihar, Patna. 2. The Chief Election Officer, Bihar State Election Authority appointed under Bihar Co- operative Bairak No.11, Old Secretariat, Patna. 3. The District Election Officer, Aurangabad, Bihar i.e. District Magistrate, Aurangbad. 4. The Deputy Election Officer, Aurangabad. 5. The Election Observer Officer, Aurangabad. 6. The Block Election Officer, i.e. Block Development Officer, Navi Nagar, District- Aurangabad (Bihar). …. …. Respondents ----------- For the petitioners : Mr. Ashok Kumar Dubey, Advocate For the State : Government Advocate-III For the Authority : Mr. K.B. Nath, Advocate ----------- 2. 28.8.2009. Heard counsel for the parties. Valiant challenge has been launched by learned counsel for the petitioner, the forceful arguments made on behalf of the petitioners does not move this Court, however hard his case may be, because the law is well settled on the issue that a nomination even though illegally rejected, the remedy for such a candidate will lie in a election petition and a writ court will not issue any direction to either accept that rejected nomination or allow him to contest the election pending adjudication of the matter as has been suggested by the learned counsel for the petitioner. The law being well settled in this regard by the Hon’ble Supreme Court for many a decades, this Court will not entertain any prayer in this regard. Learned counsel for the petitioner thereafter relies on a decision in the - 2 - case of Sahdeo Yadav v. Election Commissioner, 2004(1) PLJR 278. This Court has certain reservation in the given facts to apply the principles or the facts of the case in the present case. In the opinion of this court at this stage the only remedy available to them will be the election petition. The writ application is dismissed. Pawan/- (Ajay Kumar Tripathi, J.)