VANDANA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, the State Election Commission and the respondent no. 8.

(2.) The challenge in the present writ application is to the maintainability of a compliant filed by the respondent no. 8, before the State Election Commission challenging her election to the post of Member, Zila Parishad in the District of Madhubani.

(3.) Learned counsel for the petitioner submitted that after the petitioner had won the election and had been granted the certificate and had also assumed charge of her office, the respondent no. 8, challenged her election in Election Petition Case No. 1 of 2016, before the Competent Forum i.e., the Sub Judge-II, Jhanjharpur. Learned counsel submitted that thereafter the respondent no. 8, again moving before the State Election Commission for the same cause, on the same grounds was not maintainable as even though, technically, both forums are equally available, but under the doctrine of election, once the respondent no. 8 had chosen to move in an Election Petition and without withdrawing the same, maintaining another application before the State Election Commission was impermissible in law.