IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7805 of 2011 ARVIND KUMAR CHOUDHARY . Versus THE STATE OF BIHAR & ORS . ----------- 2. 03.05.2011 Heard learned counsel for the petitioner and the State Election Commission. The petitioner contends that he tendered his resignation to contest Panchayat Elections for the Gram Panchayat, Hawanpura, Rahue, District- Nalanda. It was accepted the very date it was tendered i.e. 26.3.2011. He filed his nomination thereafter on 29.3.2011 which was wrongly rejected on the ground that his resignation had not been accepted by the competent authority. The petitioner had represented before the District Electoral Officer-cum-District Magistrate who had ordered an enquiry on 18.4.2011. The petitioner is not aware of the developments thereafter. Counsel for the Commission produces a Xerox copy of a letter dated 30.4.2011 addressed to the petitioner stating that his grievances have been examined and at the time of filing his nomination his resignation had not been accepted by the competent authority, the Block Development Officer. The contention of the petitioner is that the 2 resignation had been accepted by the Headmaster. The question of acceptance of the resignation including the appropriate authority for the same now becomes a mixed question of law and fact which can only be agitated in an election petition, if so advised. Let the Xerox copy of the letter dated 30.4.2011, placed by the counsel for the Commission be kept on record. The application is dismissed. P. Kumar ( Navin Sinha, J.)