JUDGEMENT
S.K.SEN, C.J. -
(1.) Heard Sri Shitla Prasad Pandey, learned Advocate for the petitioner and Sri Ranvijai Singh, learned standing counsel for respondents.
(2.) In this writ petition the petitioner has prayed for holding fresh election in two polling booth Nos. 291 and 292 in village Sisaura Kala Anshik situated in 221 Dhanapur Vidhan Sabha Constituency District Chandauli.
(3.) In our view the writ petition is not maintainable in view of Art. 329(b) of the Constitution of India, which is set out herein below :
"329(b). No election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature.";
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