LAWS(JHAR)-2021-3-69

RAJESH KUMAR VERMA Vs. STATE OF JHARKHAND

Decided On March 15, 2021
RAJESH KUMAR VERMA Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) With consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding audio and visual quality.

(2.) The instant writ petition is under Article 226 of the Constitution of India, praying for the following reliefs:

(3.) Mr. Manoj Tandon, learned counsel for the writ petitioner has submitted that the provision as contained in Rule 3.14 of Jharkhand Municipal Elected Representative (Discipline and Appeal) Rules, 2017 ultra vires the Constitution of India as has been notified vide notification dated 22.08.2017 which provides the provision of disqualification of councilors if he has more than two living children, provided that a person having more than two children on or up to the expiry of one year of the commencement of the Act, shall not be deemed to be disqualified. According to the learned counsel for the petitioner, in view of such provision, the petitioner will not be able to contest the municipal election of the Councilors of the Municipal Corporation and as such, he will be deprived from contesting the election on the pretext of a law which ultra vires the Constitution of India. According to the learned counsel, the provision as contained under Section 18(1) (n) of the Jharkhand Municipal Act, 2011 is in the teeth of Section 590 of the Jharkhand Municipal Act, 2011 and further based upon unreasonable classification and therefore, the same is fit to be held ultra vires.