IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11662 of 2011 1. Shradha Devi W/O Dayanand Singh Village Maheshwari (Matihar) P.S. Sono Dist. Jamui. Versus 1. The State Of Bihar 2. The District Magistrate Cum District Election Officer Jamui. 3. The Subm Divisional Officer Cum Returning Officer Jamui, Dist. Jamui 4. The Bihar State Election Commission, Patna. 5. Anju Devi W/O Mithilesh Singh, resident of Village Maheshwari (Matihar) P.S. Sono, Dist. Jamui. 2 9.9.2011 KHAN The petitioner assailed the election of Respondent No.5 as Mukhiya of Gram Panchayat Raj Maheshwari. Counsel for the petitioner submits that one of the three ballot boxes was not counted as a result of which the counting of votes stands vitiated. On the other hand learned counsel appearing on behalf of the State Election Commission submits that the margin of victory was by more than 500 votes and if all the 92 votes would be counted in favour of the petitioner still she would lag behind the victorious candidate by about 400 votes. On this basis, learned counsel for the State Election Commission submits that non- counting of one ballot box would not affect the result of the candidate. As the election is over and the candidate has been elected and taken oath, it would be open for the petitioner to seek alternative remedy by filing election petition. In case election petition is filed, the same would be disposed of expeditiously in accordance with law. It would be open for the petitioner to make a prayer for condonation of delay in fling the election petition as he was pursuing his remedy before this court. With the aforesaid observations and directions, this writ petition stands disposed of. (S. P. Singh, J.) 2