Ravi Kant Kumar (In Person) v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14539 of 2022 ====================================================== Ravi Kant Kumar (In person) Son of Sri Siddhi Sadan Giri, Resident of - Khedalpura, P.O. and PS- Bihta, District - Patna, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Urban Development Department, Bihar Patna.

2.

The Chief Election Commission,Bihar, Patna Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Kant Kumar ( In Person ) For the Respondent/s :

Mr.Pawan Kumar ( Ac To Ag ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 10-11-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "(A) To issue Writ to Certiorari to Quashing the Validity (A) of Act, Mention in under Section 18 Sub- Section 1(m) of the Bihar Municipal Act, 2007, enumerates the situation in which an elected member would

Patna High Court CWJC No.14539 of 2022 dt.10-11-2022 2/3 be disqualified to hold the post of member of the municipality, Clause (m) thereof reads as Under "(m) If he has more than two living children Provided that a person having more than two children on or upto the expiry of one years of the on commencement of the Act, shall not be deemed to disqualified." Date of commencement of the Act is 05.04.2007 and Cut of date of is on 05.04.2008.

(B) To Mandamus commanding to the Respondents Authority to Discharge there Legal obligation and Conducted the Bihar Municipality Election similar /equivalents to Parliamentary Election as M.Ps / State Election in both house as MLA /MLC / and Local Bodies Election Etc.

(C) For Proper Action against the Responsible Respondents in which they intention treated step motherly in the Bihar Municipal Act, 2007.

(D) For any other/s Relief/s Petitioner may be entitle to."

In view of the judgment dated 4.10.2022, passed by this Court in CWJC No. 14221 of 2022, titled as Bhola Prasad Vs The State of Bihar & Ors., and other analogous case, the

Patna High Court CWJC No.14539 of 2022 dt.10-11-2022 3/3 petition only merits rejection.

As such, the petition stands dismissed.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Spd/- AFR/NAFR CAV DATE Uploading Date 13.11.2022 Transmission Date