IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11732 of 2025 ======================================================

1. Abhay Shukla Son of Late Sheo Kumar Prasad Singh, Resident of 04, Near Silao Railway Station, Ward No. 8, Mitma, P.S. Silao, District - Nalanda.

2. Abhishekh Kumar Son of Arjun Singh, Resident of Bard No. 1, Nepura, Silao, Nalanda, P.S.- Silao, District- Nalanda.

3. Bablu Kumar Son of Rajo Pandit, Resident of Village Silao, Bypass, Road No. 6, Silao, P.S. - Silao, District-Nalanda.

4. Raushan Jahan Care of - Erfan Resident of Karah Bazar, Silao, Nalanda, P.S.

Silao, District - Nalanda.

5. Shobha Devi Wife of - Bhim Das, Resident of Silao, Nepura, Nalanda. P.S. -

Silao, District - Nalanda.

6. Ramesh Rajak Son of Chandradip Rajak, Resident of Nepura, Silao, P.S.

Silao, District -Nalanda.

7. Rehana Khatun, Wife of - Md. Parwez Resident of 04, Karah Bazar, Silao, P.S.- Silao, District- Nalanda.

8. Rupa Devi Wife of - Kush Kumar, Resident of Babhan Toli, Panchu, Hisua, P.S. - Silao, District -Nalanda.

9. Sital Kumar Daughter of -Krishna Yadav Resident of Village- Newtapur, Bodhgaya, P.S.- Bodhgaya, District - Gaya.

10. Pradeep Kumar Son of Krishan Manjhi, Resident of Silao, P.S. - Silao, District- Nalanda. ... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Bihar, Patna.

2. Secretary, State Election Commission Bihar, 3rd Floor, Sone Bhawan, Veerchand Patel Marg, Patna.

3. Law Secretary, Government of Bihar, Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Respondent/s : Mr. P.K. Shahi, Advocate General ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 10-02-2026 By way of this instant writ petition, the petitioners assail the constitutional validity of Section 18(1)(m) of Bihar Municipal Act, 2007 (hereinafter referred to as ‘2007 Act’). The impugned provision, notified in Bihar Gazette on 05.04.2007 is challenged on the ground that it is arbitrary and violative of Article 14 of the Constitution of India. It is further contended that the provision is discriminatory as it encroaches upon the reproductive rights & bodily autonomy-recognized as intrinsic facets of fundamental right to life under Article 21 of the Constitution of India. Furthermore, the petitioners submit that the provisions stands in direct contravention of Article 243V (Part IXA) of the Constitution of India. It is further argued that Section 18(1)(m) of ‘2007 Act’ has rendered itself otiose having not only failed to serve the purpose sought to be achieved by this legislative enactment but also operating counter-productive to the legislative intent and constitutional premise of the 74^th Amendment Act, 1992 of the Constitution of India. The provision is further impugned for creating an unreasonable classification that fails the dual test of intelligible differentia and rational nexus with the objective sought to be achieved.

2. A counter affidavit has been filed on behalf of the Secretary, Urban Development and Housing Department, Government of Bihar, through the Project Officer-cum-Deputy Director, UDHD, Patna. The relevant excerpts from paragraph nos.

5, 7 and 8 of the said affidavit are reproduced hereunder:

“5. That through the writ petition under reply, petitioners have assailed the constitutional validity of Section 18(1)(m) of the Bihar Municipal Act, 2007 (in short, The Act, 2007) which reads as hereunder:-

"18. Disqualifications-(1)

Notwithstanding anything contained in this Act, a person shall be disqualified for election or after election for holding the post as member of the Municipality if such person-

(m) If he has more than two living children:-

Provided that a person having more than two children on or upto the expiry of 1 year of the commencement of the Act, shall not b