JUDGMENT :

Amreshwar Pratap Sahi, J.

This reference raises a question of seminal importance as to whether the State Election Commission is empowered to dwell upon and declare a candidate elected to be disqualified to the Office of a member or Office bearer of a local body, namely, that of a municipality under the Bihar Municipal Act, 2007 or to any Office under the Bihar Panchayat Raj Act, 2006 and the Rules framed thereunder. The moot question is as to whether the Legislature has transgressed the constitutional mandate contained in Article 243-O (b) of the Constitution of India or Article 243-ZG (b) thereof where there is a complete bar of calling in question any elections to the Panchayat or Municipality except by an election petition before such authority and in such manner as may be provided under law.

2. The argument advanced on behalf of the petitioners resulted in the framing of the questions that have been referred to for being answered primarily on a challenge raised to the provisions introduced under Section 136(2) of the Bihar Panchayat Raj Act, 2006 and the provision