Harish Kumar, J. – Heard Mr. S B K Mangalam, learned advocate for the petitioner, Mr. Abbas Haider, learned SC-6 representing the State of Bihar, Mr. Sanjeev Nikesh, learned advocate for the State Election Commission and Mr. Anshul, learned advocate for the respondent no. 7.

2. The petitioner, who had been holding the post of Mayor, Chapra Municipal Corporation, Saran at Chapra, by invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India preferred the present writ petition for the following reliefs: –

(I) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the order dated 13.04.2023 passed by the Respondent no.3 in Case No.13 of 2023 (Sunita Devi vs. Rakhi Gupta), whereby and where under the Respondent no.3 has been pleased to reject the petition dated 13.04.2023 filed by the petitioner challenging the maintainability of complaint filed by the Respondent no.7 against the petitioner under Section 18(2) of the Bihar Municipal Act, 2007 (hereinafter referred to as the Municipal Act).

(II) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the proceeding of Case No.13 of 2023 instituted by the State Election Commission under Section 18(2) of the Municipal Act against the petitioner to declare her disqualified to hold the post of Chief Councillor of Chapra Municipal Corporation on the ground that the petitioner is the biological mother of more than two children and last child was born to her after the cut off date i.e. 04.04.2008.

(III) For a declaration that if during the course of election a similar complaint was made against the petitioner before the State Election Commission and after conducting an enquiry in the matter those records were consigned by the Commission the State Election Commission is not competent to institute a fresh case even under Section 18(2) of the Municipal Act.

(IV) For issuance of any other appropriate writ/writs,order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case.

3. The short facts which led to the filing of the present writ petition is that the respondent State and the State Election Commission had notified the Municipal Election, 2022 in Chapra Municipal Corporation. The petitioner along with respondent no. 7 and many other candidates had filed their nomination for contesting on the post of Chief Councillor, Chapra Municipal Corporation. The nomination of the petitioner was put to challenge by one of the candidates, Smt. Rina Yadav, alleging that the petitioner had suppressed about her third child born to her after the cut off date i.e. 04.08.2008, attracting disqualification under Section 18(1)(m) of the Bihar Municipal Act, 2007 (hereinafter referred to as Act, 2007).

4. On receipt of the aforesaid complaint, the Returning Officer issued notice to the petitioner and the complainant Smt. Rina Devi, vide his Memo dated 25.09.2022. In response thereto, the petitioner appeared and rebutted the allegation by filing her written statement on 26.09.2022 (Annexure – 3 to the writ petition). The Returning Officer after hearing the parties vide his order dated 26.09.2022, rejected the complaint of Smt. Rina Devi and accepted the petitioner’s nomination and allotted the symbol to her.

5. On being aggrieved by the order dated 26.09.2022 passed by the Returning Officer, the complainant, Smt. Rina Devi filed another complaint before the State Election Commission, who proceeded in the matter and directed the District Magistrate cum District Election Officer (Municipality) Saran at Chapra to hold an enquiry into the complaint and to submit a report under letter dated 28.09.2022. The respondent no. 5 constituted a Committee under the Chairmanship of ADM for holding the enquiry. On notice, issued by the Chairman of the afore-noted Committee, the petitioner entered her appearance and apprised the Committee of the order passed by the Returning Office