Manohar Roy v. The State Of Bihar And ORS

Patna High Court CWJC No.18479 of 2014 (2) dt.13-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18479 of 2014 ======================================================

1. Manohar Roy Son of Late Shukdeo Roy Resident of Mohalla- Ishakchak, Shyamal Das Lane and Distt.- Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar through Department of Election, Bihar ,Patna

2. The District Magistrate, Bhagalpur

3. The State Election Commissioner, Bihar, Patna

4. The Returning Officer Cum Land Reforms Deputy Collector, Bhagalpur

5. The Additional District Magistrate, Ceiling at Bhagalpur DistrictBhagalpur.

6. The Bhagalpur Municipal Corporation, Bhagalpur.

7. Ramashish Mandal Son of Late Dwarika Mandal Resident of MohallaIshakchak Ward No.48, House No.9, P.S-Ishakchak, Distt.-Bhagalpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anupa Nand Jha, Adv. For the Respondent-SEC: Mr. Amit Shrivastava, Adv. Mr. Girish Pandey, Adv.

For the respondent No.6 : Mr. Ravi Bhushan Verma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 13-01-2015 The petitioner has challenged the election of the respondent No. 7 as Ward Councillor, Ward No. 48, Bhagalpur in the election held in 2012 by filing an Election Petition No. 3 of 2012 which is pending consideration before the Sub-Judge 1st, Bhagalpur. Even when the said Election dispute is pending before the Tribunal, that the petitioner has also moved the State Election Commission by filing an election case before the said forum. The petitioner thus is pursuing two forums for the same relief. This is not permissible in law, the petitioner would have to select one of the forums.

The writ petition is accordingly disposed of. (Jyoti Saran, J) Bibhash/- U