S. B. Sinha, J. - (1.) Leave granted.
(2.) This appeal is directed against the judgment and order dated 4-10-2004 passed by a Division Bench of the Patna High Court in CWJC No. 3205/2003, whereby and whereunder the writ petition filed by the 6th respondent herein, questioning an order dated 29-1-2003 passed by the State Election Commission, was allowed. The basic facts are not in dispute. The appellant was elected as a member of Nauhatta Panchayat Samiti from Ward No. 17, in that Panchayat in an unreserved seat in an election held on 11-4-2001. He was granted an election certificate by the competent authority on 14-5-2001. It is not in dispute that respondent No. 6 herein has filed an election petition in the Court of the Subordinate Judge, Saharsa, as Election Petition No. 6/2001, inter alia, praying for setting aside the declaration of the appellant herein as a member of Panchayat Samiti and for a declaration of himself as elected instead.
(3.) In the said election petition it was categorically stated that the O.P. No. 2 was a Dafadar and he was discharged from his post for his illegal and irregular conduct and against the order of discharge, O.P. No. 2 filed a writ petition in the High Court of Patna and the same was dismissed. Indisputably the said election petition is still pending.;