SHAHINA KHATOON @ SAHINA KHATUN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner; learned GA 5 for the State; learned counsel for the State Election Commission (hereinafter referred to as the 'Commission') and learned counsel for the respondent no. 7.

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

(3.) The relevant facts required for consideration of the issue involved in the present writ petition is that the petitioner was elected to the post of Ward Councilor of Ward No. 14 of Islampur Nagar Panchayat (hereinafter referred to as the 'Nagar Panchayat') in the district of Nalanda in the year 2017. Thereafter, the respondent no. 7, who was the Ward Councilor prior to the petitioner and had lost the election to the petitioner in the year 2017, filed complaint before the Commission on 05.06.2017, alleging that the petitioner had three living children prior to 04.04.2008 and thereafter, in the year 2009, another child was born which clearly made her ineligible to contest the election. Based on the same, the Commission, after getting an enquiry done from the District Authorities through the District Magistrate, Nalanda has passed final order on 29.11.2018 in Case No. 19 of 2018, by which under Section 18(2) of the Bihar Municipal Act, 2007, the petitioner has been declared to be ineligible and accordingly, she has been removed as Ward Councilor of Ward No. 7 of the Nagar Panchayat.