A party cannot maintain two petitions before two different forums for the same cause without withdrawing the petition filed earlier.

Ahsanuddin Amanullah, J.

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.

4. Learned counsel for the State Election Commission submitted that though the petition filed by the respondent no. 8, before it is maintainable and steps have also been taken in the matter, but one of the grounds taken is with regard to the petitioner being a foreigner, which cannot be adjudicated in view of the decision in the case of Md. Alamgir vs. State of Bihar, 2014 (1) PLJR 562, where at paragraph 32, the Court has held that the question of citizenship can only be decided in terms of the Citizenship Act, 1955 by the authorities empowered under the said Act and not by any other person, including a Court of law or the State Election Commissioner under the Panchayat Raj Act. He submitted that similar view has been taken by a division bench of this Court in the case of Dhanwanti Devi vs. State Election Commission, 2012 (1) PLJR 296, to which, incidentally, this Court was a party. He fairly submitted that though the said decision has been challenged before the Hon'ble Supreme Court by the State Election Commission but there is no order of stay. Learned counsel also submitted that in the present case, the matter was taken up by the State Election Commission on the complaint filed by the respondent no. 8 and not suo motu.

5. Learned counsel for the respondent no. 8 submitted that there are many grounds on which the election of the petitioner has been challenged which are valid ground and the State Election Commission has the power to adjudicate the matter. He further submitted that since it is for her to decide which forum to approach, when more than one is available, she cannot be faulted for having approached the State Election Commission. However, he submitted that under the changed circumstances, he may be permitted to pursue the relief before the State Election Commission and that he would withdraw the Election Dispute Case No. 1 of 2016, which is pending. He submitted that the respondent no. 8, not being fully aware of the provisions, had filed the Election Petition Case and had also moved the State Election Commission, but as of now, she wants to pursue the matter before the State Election Commission and not continue with the Election Dispute case. He submitted that under the Bihar Panchayat Raj Act, 2006, the State Election Commission has power even to suo motu go into the aspect and decide the matter and, thus, the proceeding before the State Election Commission may be permitted to continue.

6. Having considered the rival contentions, the Court has no hesitation in holding that any party having a statutory right where more than one forum is available for moving with regard to any grievance, it is for that party to decide as to which forum he or she may choose. This aspect cannot be disputed. However, in the present case, another issue which is equally important