MANJU DEVI BAIJNATH CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ramakant Sharma, learned senior counsel along with Mr. Lakshmi Kant Sharma, learned counsel for the petitioner; Mr. Kinkar Kumar, learned SC 9 for the State and Mr. Amit Shrivastava, learned counsel along with Mr. Girish Pandey, learned counsel for the State Election Commission (hereinafter referred to as the 'Commission'). Despite service of notice, nobody appeared either on behalf of Jehanabad Nagar Parishad or respondent no. 8.

(2.) The petitioner has moved the Court for the following reliefs:

(3.) The short issue involved in the case is whether the 4th child of the petitioner was born after 04.04.2008, which is the cut off date under the Bihar Municipal Act, 2007 (hereinafter referred to as the 'Act') which bars a candidate from standing for election under the Act if there are more than two children and if any one is born after the said cut off date. In the present case, after the petitioner was elected as Ward Councillor of Ward No. 6 of Jehanabad Nagar Parisahd, a complaint was received from respondent no. 8 that the said child of the petitioner was born after the cut off date and the petitioner was already the mother of three children who were alive. The issue reached the Commission and initially a report was called from the District Magistrate, Jehanabad. An enquiry report by the Sub Divisional Officer, Jehanabad was sent by the District Magistrate, Jehanabad to the Commission on 11.07.2017 and thereafter again a report of the enquiry made by the Deputy Development Commissioner, Jehanabad was sent to the Commission on 22.09.2017. The two reports differing, the Commission again asked the District Magistrate, Jehanabad for a fresh report. In terms thereof, a Medical Board was constituted to determine the age of Prem Kumar. Against that, the petitioner moved this Court in CWJC No. 1460 of 2018, which was permitted to be withdrawn on 30.01.2018 for the petitioner to pursue the matter before the Commission. Thereafter, based upon the medical report, the District Magistrate submitted his report to the Commission opining that Prem Kumar was born after the cut off date. The Commission, in turn, relying upon the report of the District Magistrate passed the impugned order dated 20.04.2018 holding that the petitioner was ineligible to stand for election and accordingly she has been removed from her post and it was also directed for lodging of an FIR against her.