IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2616 of 2007 MANOJ PASWAN Versus THE STATE OF BIHAR & ORS ----------- 3 24.6.2009 Heard learned counsel for the petitioner and learned counsel for the State. By virtue of the order dated 23.11.2006 contained in annexure-6 the complaint of the petitioner filed under section 136 (1) of Bihar Panchayat Raj Act, 2006 with regard to eligibility of the returned candidate in relation to her being under age has been dismissed holding therein that the remedy for the petitioner lies under section 137 (1) read with section 139 of the Bihar Panchayat Raj Act. That is the reason why the petitioner has filed the present writ application. The primary submission of learned counsel for the petitioner is that in view of the decision rendered in the case of Sharda Choudhary vrs. The State of Bihar & ors reported in 2007 (2) PLJR 7 which states that if there are no contradiction and there were clear documentary evidence that the candidate was under age, the Election Commission had the power to exercise and adjudicate the dispute of the kind under section 136(2) of the Act. A plain reading of the impugned order however indicates that the decision of the Election Commission is based on the opinion or judgment of this High Court rendered in the case of Rekha Kumari vrs. The State of Bihar & Ors. reported in 2006 (4) PLJR 634. That is the reason why the Election - 2 - Commission decided in its wisdom to reject the complaint of the petitioner. After having heard learned counsel for the parties and having perused the impugned order the Court is of the opinion that the Election Commission has committed no wrong because if a decision of the High Court was occupying the field on the date on which the order was passed it cannot be said that merely yet another opinion has been rendered by the High Court the impugned order ought to be declared illegal. The impugned order was covered by the earlier decision of the High Court on the date on which it was passed and it cannot be held to be illegal merely because another decision has been rendered in the case of Sharda Choudhary (Supra). This ground is good enough not to interfere with the order impugned. This writ application has no merit and it is dismissed accordingly. RPS (Ajay Kumar Tripathi,J.)