Urmila Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1425 of 2013 IN Civil Writ Jurisdiction Case No. 22991 of 2012 =========================================================== Urmila Devi Wife Of Gauri Shankar Lal Ward Councilor Of Ward No.- 28, Municipal Corporation, Arrah, Resident Of Mohalla- Raija, P.O.- Arrah Chowk, Arrah, P.S.- Arrah Town, District- Bhojpur .... .... Appellant/s

Versus

1. The State Of Bihar Through The District Magistrate, Bhojpur

2. The Election Commissioner, State Election Commission, Patna Sone Bhawan, 3rd Floor, Virchand Patel Path, Patna-1

3. The District Magistrate Cum District Election Officer (Municipality), Bhojpur

4. Mithilesh Kumar Singh Son Of Late Radha Prasad Singh Resident Of MohallaRauja, P.O.- Chowk, Arrah, P.S.- Arrah Town, Ward No.- 28, Municipal Corporation, Arrah, District- Bhojpur .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Pankaj Kumar Sinha, Adv. For the Election Commission: Mr. Amit Shrivastava, Adv. Mr. Girish Pandey, Adv.

For the State : Mr. Kalpana, A.C. to G.A.-8 For Respondent No. 4 : Dr. Mayanand Jha, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 24-01-2018 Heard learned counsel for the appellant, learned counsel for the State Election Commission, learned counsel for the State and learned counsel for the respondent no. 4.

Despite the declaration and finding which has been given

Patna High Court LPA No.1425 of 2013 dt.24-01-2018 2/2 by the State Election Commission with regard to the 5th child having been born to the present appellant after the cut off date dated 05.04.2008 will be a finding limited for the purposes of adjudication under Section 18 (1) (m) of the Bihar Municipal Act, 2007. However, since this finding disqualifies the appellant life long from contesting election by virtue of having more than two children after the cut off date, she is free to get declaration from the Civil Court of competent jurisdiction as to whether 5th child was born after the cut off date or not.

The outcome of such declaration as to the date of birth of 5th child of the appellant will decide her future disqualification. The appeal stands disposed of in terms of above liberty. (Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Devendra/-Arjun AFR/NAFR NAFR CAV DATE NA Uploading Date25.01.2018 Transmission Date NA