IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4991 of 2009 RAM BABU SAH SON OF SRI NATHUNI SAH, RESIDENT OF VILLAGE MEHSAUL, TOLE BASBARIYA, P.S. AND DISTRICT SITAMARHI ( BIHAR) --- PETITIONER. Versus 1. THE UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF LAW, JUSTICE AND COM,PANY AFFIARIS, IN NEW DELHI. 2. THE ELECTION COMMISSION OF INDIA, THROUGH ITS SECRETARY, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI. --- RESPONDENTS. ----------- 2/ 30-04-2009 It is the case of the petitioner that declaration of Sub- section (a) and (b) of Section 4 of the Representative of the People Act, 1951 is inconsistent and ultra vires of Article 330 read with Articles 341 and 342 of the Constitution of India and also the case of the petitioner is that the process of Parliamentary General Election 2009 in the State of Bihar is violative of Articles 81, 84, 330, 341 and 342 of the Constitution of India. It is submitted that the action of the Election Commissioner is mala-fide. Since, election process has started much earlier in the State, and second phase of election has completed, at this juncture we cannot hold that the election process is violative of the law. If the petitioner feels that there is any violation of law and there is any disqualification of a candidate, the petitioner can challenge the same by filing an Election petition. The Constitution of Representative of People Act, 1951 has passed more than half century ago. It has been accepted as valid without challenging section 3 sub-section (A) and (B). Section 4 (a) (b) cannot be challenged . In any view of the matter we are unable to accept the challenge made by the petitioner. Petitioner was unable to demonstrate to us how section 4 (a) (b) is violative of constitution - 2 - process. This writ petition is accordingly, dismissed. BTiwary/ ( J. B. Koshy, CJ ) ( Dr. Ravi Ranjan, J )