IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.10726 OF 2011 BASANTI DEVI, W/O SRI RAKENDRA KUMAR, ISHAHAKPUR TEK, POST OFFICE MAHNAR, VAISHALI. VERSUS 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT AND HOUSING DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 2. DISTRICT MAGISTRATE, VAISHALI AT HAJIPUR 3. DEPUTY DEVELOPMENT COMMISSIONER, VAISHALI AT HAJIPUR 4. CHIEF ELECTION COMMISSIONER, BIHAR, PATNA 5. SUB DIVISIONAL OFFICER CIVIL, VAISHALI 6. CHAIRMAN, MAHNAR NAGAR PANCHAYAT, VAISHALI 7. THE EXECUTIVE OFFICER, MAHNAR NAGAR PANCHAYAT, VAISHALI. ---------------------------------- 2 21.12.2011. Heard learned counsel for the petitioner, State and the State Election Commission. The petitioner is a ward Councillor of Ward no. 18 of Mahnar Nagar Panchayat under Vaishali District. She apprehends disqualification from the post, as respondents are incorrectly interpreting section 18(1)(M) of the Bihar Municipal Act, 2007 (in short the Act). The section states that if a person has more than two living children, on or up to the expiry of one year of the commencement of the ordinance, shall be deemed to be disqualified. Petitioner submits that she would not come within mischief of section 18(1) (M) of the Act, as she has delivered one male child within the expiry of one year of the commencement of the ordinance. 2 In my view, the writ application is premature, as no action has been taken in this regard by respondents. The petitioner would be at liberty to make appropriate representation if any action is taken u/s 18(1) (M) of the Act, 2007. The writ application is permitted to be withdrawn with aforesaid observations. Shashi. (Samarendra Pratap Singh,J.)