1. We heard the counsel for the petitioner.

2. While challenging the constitutional validity of Section 136(g) of Bihar Panchayat Raj Act, 2006, the counsel for the petitioner submits that it is contrary to Section 8(4) of the Representation of the People Act, 1951. He would also submit that the provision is violative of Article 14 of the Constitution of India as in other States no such disqualification is provided.

3. We are afraid, the contentions are wholly misconceived. The constitutional validity of Section 136(g) of Bihar Panchayat Raj Act cannot be tested by comparing it with the provisions of Representation of the People Act, 1951 nor with any enactment of other State.

4. The constitutionality of a State Legislature cannot be tested by comparing it with the Acts of Parliament and the Acts of other State. It is not the case of the petitioner that the subject does not pertain to the State-list and that Bihar Legislature was not competent to enact the provision like Section 136(g). As a matter of fact it is in conformity with Article 243F of the Constitution of India. Article 243F of the Constitution of India reads thus:

"243F. Disqualifications for membership. (1) A p