JUDGMENT :

1. By filing this writ petition, the petitioner prays mainly for the following relief:

“(a) For challenging the vires of Clause 18¼1½¼ ढ½ ^^vxj mlds nks ls vf/kd thfor larku gS] ijUrq ;g fd bl vf/kfu;e ds Áo`r gksus ds ,d o"kZ dh vof/k rd ;k fQj vxj fdlh O;fDr dks nks ls vf/kd larku gSa rks og v;ksX; ugha gksxk** 14.11.2022 issued under the signature of State Election Commission, by which certain condition has been imposed for contesting the local municipal election of Municipality of the year 2022-23, which is ultra vires in nature.”

2. The issue involved in this writ application is no more res integra. The Hon’ble Supreme Court was in seisin of similar provision in Javed and Others vs. State of Haryana and Others, (2003) 8 SCC 369, wherein, the vires of Section 175(1)(q) and 177(1) of Haryana Panchayati Raj Act, 1994 (11 of 1994) was challenged, where a disqualification was prescribed to a person who had more than two living children after one year of cut-off date. The Hon’ble Supreme Court has already held that such provision is not ultra vires to the Constitution. At paragraph 64 and 65, the Hon’ble Supreme Court while considering the matter has held as follows:

“64. Hyp