IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1539 of 2011 In Civil Writ Jurisdiction Case No. 9868 of 2011 ====================================================== Bibi Anguri, W/O Md. Ibrahim Sah, R/O Village- Lakhanpur, P.O.- Lakhanpur, Vaya- Asarganj, Police Station- Tarapur, District- Munger. .... Respondent No.7 .... Appellant Versus 1. Sunita Devi, W/O Ashok Kumar, R/O Village- Lakhanpur, Vaya- Asarganj, P.O.- Asarganj, P.S.- Tarapur, District- Munger. 2. The State Election Commission, Bihar, Patna through State Election Commissioner, Sone Bhawan, Birchand Patel Marg, Patna. 3. The State Election Commissioner, Sone Bhawan, Birchand Patel Marg, Patna. 4. The State of Bihar. 5. District Magistrate-Cum-District Election Officer, Munger. 6. Block Development Officer, Asarganj-Cum-Returning Officer, Tarapur Block, P.S.- Tarapur, District- Munger. 7. Gram Panchayat Supervisor, Tarapur-Cum-Assistant Returning Officer, Tarapur, District- Munger. .... Respondents .... Respondents ====================================================== Appearance : For the Appellant/s : Mr. Anamul Haque, Advocate For the Respondent/s : Mr. Rajendra Kumar. Jha, G.P.-18 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 03-11-2011 Feeling aggrieved by the order dated 24th August 2011 made by the learned single Judge in above CWJC No.9868 of 2011, the writ petitioner has preferred the present Appeal under Patna High Court LPA No.1539 of 2011 (2) dt.03-11-2011 2 / 2 2 Clause 10 of the Letters Patent. The appellant, a contestant for the post of Mukhiya of Gram Panchayat Manikpur in Tarapur Block in the District of Munger has filed the above writ petition challenging the action of the State Election Commission in not issuing the direction to recount the votes. Learned single Judge has issued a direction to the State Election Commission to dispose of the representation made by the appellant. We see no merit in this Appeal. Besides, the appellant having statutory remedy of Election Petition, the writ petition under Article 226 of the Constitution should not lie. Appeal is dismissed in limine. B. Tiwary/Anjani/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)