JYOTI SARAN, J.:–This appeal filed under Clause 10 of the Letters Patent of the High Court of Judicature at Patna questions the order dated 09.08.2017 passed by a learned Single Judge of this Court in C.W.J.C. No.9220 of 2016 whereby the writ petition has been dismissed.

2. In the nature of dispute that engages this Court in the present appeal, we deem it proper to briefly discuss the facts leading to the appeal.

3. The matter relates to election to the post of Mukhia, Gram Panchayat Raj Manjhi (East) in the district of Saran. According to the appellant- writ petitioner, he is an elector from Manjhi Assembly Constituency although his name incorrectly appears at Serial No. 635, Part 113 of the voter list prepared for the Assembly Election, 2015, to read as Nasiruddin Mian son of Sadique Mian and copy of which is enclosed at Annexure-1 to the writ petition. It is the case of the appellant-petitioner that when the Panchayat Election, 2016 was announced and the list of voters was published by the District Election Officer, his name again appeared as Nasiruddin Mian at Serial No. 287, Ward No. 5, a copy of which is enclosed at Annexure-2. The appellant petitioner filed an application with the Booth Level Officer, Booth No.120, Manjhi Assembly Constituency in Form 8 for correction of his name in the voter list to read as 'Sukti' in place of 'Nasiruddin Mian' which application was filed on 20.02.2016. He contends that on the recommendation of the Booth Level Officer correction was made in the voter list of the Manjhi Assembly Constituency and the name of the Nasiruddin Mian was replaced by 'Sukti', the correct name of the appellant writ petitioner. According to the appellant, this correction took place much before the last date of filing of nomination and a copy of which is enclosed at Annexure-4.

4. The appellant- petitioner contends that having got the corrections made in the Assembly Electoral Roll, the provision of Section 126 which allowed him be on electoral roll of the Gram Panchayat stood satisfied and so the appellant- petitioner filed his nomination on 09.03.2016 which was accepted by the Returning Officer. The election was held on 24.04.2016 and it is at this stage that the respondent No.6 filed a complaint with the 'Commission' on 04.05.2016 alleging that the appellant-writ petitioner was not a voter in the Gram Panchayat rather it is one Nasiruddin Mian who is a voter at Serial No.287 and thus the appellant- petitioner was not eligible to contest the election. Copy of such complaint dated 04.04.2016 is enclosed at Annexure-5 to the writ petition. It is on receipt of the complaint that the 'Commission' called for a report from the District Election Officer, Saran who in turn directed the District Panchayat Raj Officer to submit his report. According to the petitioner, a report was submitted by the Block Development Officer- cum- Returning Officer, Manjhi vide letter No.457 dated 17.05.2016 explaining the correct facts, a copy of which is enclosed at Annexure-6. It is the case of the petitioner that on receipt of the report the respondent Commission vide letter bearing No.4846 dated 28.5.2016 impugned impugned at Annexure-7 to the writ petition while allowing the counting process to continue, directed the District Magistrate cum District Election Officer (Panchayat) to declare the election result only after receiving directions in this regard from the Commission. It is at this stage that the petitioner feeling aggrieved by the directions of the respondent- Commission present in the letter dated 28.05.2016 came before this Court through the writ petition in question.

5. While the matter was pending consideration before this Court that directions were issued by the respondent Commission through letter No. 4518 dated 08.06.2016 whereby the candidature of the appellant- petitioner for the post of Mukhia was cancelled and direc