BHOLA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present set of writ petitions filed in the nature of public interest litigation seek quashing of letter bearing No. 50-24/2022-3502 dtd. 2/9/2022 issued by the State Election Commission, Bihar (hereinafter referred to as the 'Commission') wherein it is stated that if a candidate to the municipal election gives one of his/her children in adoption, they will continue to be the biological parent of the said child and therefore be disqualified from contesting elections as having a third child, will hit at the disqualification provision.

(2.) Further a declaration is sought that a person having three children having given up one child in adoption could not be termed as the biological parent of the said child. Still further, that as a result of this adoption, such person shall not be disqualified u/s 18(1)(m) of the Bihar Municipal Act, 2007 (hereinafter referred to as the 'Municipal Act').

(3.) The petitioner is a practicing advocate of this Court and in furtherance of the relief sought as stated above, has submitted that the impugned letter is arbitrary and illegal giving a meaning to a provision of the Municipal Act, which it itself does not purport.