IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8881 of 2011 Madan Singh, son of Nand Kishore Singh, resident of Village- Kuthua,P.S. Agiawan Bazar, District-Bhojpur. ………Petitioner. Versus 1. The State of Bihar. 2. The Bihar State Election Commission, Patna-cum-State Election Officer. 3. The Collector-cum-District Magistrate, Bhojpur. 4. The Superintendent of Police, Arrah, Bhojpur. 5. The Sub-Divisional Officer, Piro, District-Bhojpur. 6. The Dy. S.P. Piro, District- Bhojpur. 7. The Block Development Officer, Piro, District-Bhojpur. ……..Respondents. ----------- 2. 18. 05. 2011. Heard learned counsel for the petitioner and the State. This is a petition for issuing a direction to the respondents to ensure for peaceful, fair and correct counting of ballot papers of Gram Panchayat election at Kuthua. Learned counsel for the petitioner contends that the election of Kothwa Panchayat was held on 03. 05. 2011. The Police Officials helped the Ex-Mukhiya in the election and there is apprehension that they will utilise their power so that Ex-Mukhiya may win the election. However the fair and peaceful counting is the rule of law and is the abandon duty of the authority concern. The allegation of rigging with Police help to the Mukhiya is a question of fact to be decided by alternative remedy by election petition. Since the alternative remedy provided no 2 direction during election in writ jurisdiction is required in the fact and circumstance. However, since the process of election set in and hence the matter remains in the domain of State Election Commission, the petitioner may approach the State Election and pursue his representation before State Election Commission and the Election Commission may in its own discretion shall consider the representation. With the above observations/directions the writ petition is disposed of. m.p. ( Gopal Prasad, J.)