IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15445 of 2011 ====================================================== Rehana Khatoon, W/o Shah Jahid Hussain, R/o Mohalla - Ishapur Old Masjid, P.O. & P.S. - Phulwari Sharif, Distt. – Patna (Bihar) .... .... Petitioner Versus 1. The State of Bihar through the Commissioner, Bihar State Election Commissioner, Bihar, Patna 2. The Commissioner, Patna Division, Patna 3. The District Magistrate cum District Election Officer, Patna .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate. For the Respondent/s : Mr. Lalit Kishore, AAG 1 and Mr. Vikash Kumar, AC to AAG 1. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 04-11-2011 The writ petitioner, an elected member of the Phulwarisharif Municipality, has filed this petition under Article 226 of the Constitution to challenge the constitutional validity of Section 18(1)(m) of the Bihar Municipality Act, 2007 (hereinafter referred to as “the Act”). Section 18 of the Act provides for disqualification of members of the Municipality. Clause (m) of sub-section (1) thereof disqualifies a person having more than two living children. The challenge to the aforesaid Section 18(1)(m) of the Act has been rejected by the Division Bench of this Court; to which one of us (R.M. Doshit, C.J.) was the party, in the matter Patna High Court CWJC No.15445 of 2011 (4) dt.04-11-2011 2 / 2 2 of Arun Ravidas Vs. The State of Bihar & Ors. {2011 (2) PLJR 795}. The Bench had followed the judgment of the Hon’ble Supreme Court in the matter of Javed & Ors. Vs. State of Haryana & Ors. (AIR 2003 SC 3057). In view of the above referred binding precedents the petition is summarily rejected. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)