ARUN RAVIDAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner an elected member of Bodh Gaya Nagar Panchayat has filed this petition under Article 226 of the Constitution to challenge the constitutional validity of Section 18(1)(m) of the Bihar Municipal Act, 2007.

(2.) It is not in dispute that at the time of his election as a member, the Petitioner was qualified to hold the post of a member. However, in course of his tenure as an elected member, he has fathered two more children disqualifying him to hold the post.

(3.) Section 18 of the Act deals with disqualifications. Sub-section (1) thereof enumerates the situations which disqualify an elected member to hold the post as a member of the Municipality. Clause (m) thereof reads,