MADHULIKA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner, for the State as well as the learned Counsel for the State Election Commission.

(2.) Challenge in the present writ application is to the order dated 8th May, 2009 which has been passed in Election Petition No. 1 of 2007 by the court of Sub -Judge 2nd, Biharsharif at Nalanda.

(3.) CONTENTION of learned Counsel for the petitioner is that it is a case of improper acceptance of nomination paper on the ground that the State Election Commission in its general notice issued in Daily Newspaper Hindustan had laid down few guidelines with regard to who shall be a voter for the purpose of election of Nagar Parishad. It is indicated therein that a person cannot be a voter for more than one place and the person cannot be a voter if his name is registered in the Panchayat. Contention of the petitioner is that contrary to this direction of the State Election Commission the nomination of the candidate in question came to be accepted which amounted to improper acceptance of the nomination paper. On the pleadings and evidence issues came to be framed and the improper acceptance of nomination paper of Tanuja Devi has become the subject matter of challenge in the present writ application.