JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

Sub-section (1) of Section 18 of Bihar Municipal Act, 2007 (‘Act’ for short) lays down the disqualifications of a person for election, or after election for holding the post, as a member of municipality. One of such disqualifications is laid down as:

“(m) If he is more than two living children:-Provided that a person having more than two children on or up to the expiry of one year of the commencement of the Act, shall not be deemed to be disqualified.”

2. The Act came into force with effect from the date of its publication in Bihar Gazette (Extraordinary) dated 05.04.2007. Clearly thus, a person having more than two children up to 05.04.2008 does not suffer disqualification by operation of Clause (m) of sub-section (1) of Section 18 of the Act. Sub-section 2 of the Act empowers the State Election Commission to decide the matters of disqualification on a complaint, application or information by any authority or upon taking suo motu cognizance of such matters, after allowing sufficient opportunity to the affected parties of being heard. The scope of the jurisdiction of the State Election Commission under sub-section 2 of Section 18 of the Act has