Rajesh Kumar Verma, J. – Heard Mr. Amit Shrivastava, learned Senior counsel for the petitioner, Mr. AAG-7, learned counsel for the State, Mr. Ravi Ranjan, learned counsel for the State Election Commission, Mr. Ashok Kumar, learned counsel for the Respondent No. 5 and Mr. D.K. Sinha, learned Senior counsel for the Respondent No. 6.

2. The present writ petition has been filed for the following reliefs: –

“(i) Issuance of a direction, order or writ, including a writ in the nature of Certiorari quashing the order dated 28.06.2024 passed by the State Election Commissioner, Bihar whereby the petitioner has been declared disqualified to hold the post of Chief Councillor, Khizarsarai Nagar Panchayat by operation of Clause (m) of Sub-section (1) of Section 18 of the Bihar Municipal Act, 2007.

(ii) Issuance of a direction, order or writ, including a writ in the nature of Mandamus directing the Respondent Authorities to refrain from taking any action in furtherance of the aforementioned order passed by the Learned State Election Commission.

(iii) Issuance of a direction, order or writ, including a writ in the nature of Mandamus directing the Respondent Authorities to stay the operation of the order dated 28.06.2024 passed by the State Election Commission during the pendency of the instant writ petition.

(iv) Issuance of a direction, order or writ, including a writ in the nature of Mandamus directing the Respondent Authorities to compensate the petitioner for the mental and physical harassment caused to him as a result of the aforementioned order.

(v) Any other relief/reliefs that the petitioner may be found to be entitled to in the facts and circumstances of the present case.”

3. The State Government has notified the constitution of the Khizarsarai Nagar Panchayat in the year 2022 and thereafter election to the newly constituted Nagar Panchayat was notified. The petitioner along with others filed their nomination and after due scrutiny of the nomination papers, the petitioner was elected as the Chief Councillor of Khizarsarai Nagar Panchayat. Learned Senior counsel for the petitioner submits that no point of time during the course of scrutiny of the nomination papers of the petitioner or even during the conduct of election, any objection was raised with regard to the nomination of the petitioner. After the petitioner was declared elected, one Sobha Devi (Respondent No. 6) has filed a complaint before the Station Election Commission (Respondent No. 2) asserting that the petitioner was disqualified to contest the election by virtue of Section 18(1)(m) of the Bihar Municipal Act, 2007 as she had more three surviving children and at least one of them was born after the cut off date i.e. 05.04.2008. The complaint of Respondent No. 6 led to the registration of Case No. 12 of 2023 before the State Election Commission. The Respondent No. 6 has challenged the candidature of the petitioner on the ground that the petitioner had given birth to a child on 15.04.2008 in a Primary Health Centre, Khizarsarai and she had got an incentive of Rs. 1400 under the Government Scheme and apart from that the petitioner also gave birth to a male child again in the year 2011 at her home and thereafter she got a sterilization surgery which is registered as 42159 dated 27.09.2012 in the register of Primary Health Centre, Khizarsarai.

4. The petitioner has replied to the aforesaid averments by way of counter affidavit before the State Election Commission stating therein that the petitioner had given birth to a daughter namely, Shweta Kumari on 15.04.2008 and the said child unfortunately passed away on 18.04.2008 ( i.e. three days after her birth). The petitioner undoubtedly was entitled to an incentive under the Government Scheme as the same is given to promote institutional delivery and is contingent only upon the birth of a child. The Respondent No. 6 also alleged that the petitioner underwent surgery in 2012 but there is no record to suggest that a child was born to her