Patna High Court

Prayag YadavversusThe State Election Commission

Decided: 3 February 2026
Disposal: DISPOSED
Bench: ANIL KUMAR SINHA

Holding

The Court directed the State Election Commissioner to dispose of the complaint within two months of receipt of the order.

Summary

Petitioner Prayag Yadav, a ward councilor, challenged a complaint filed by respondent Krishna Jee alleging that he had more than two children, which under Section 18(1)(M) of the Bihar Municipal Act, 2007 could lead to his disqualification. The State Election Commission had registered the complaint (Case No. 20 of 2023) and sought reports from the District Magistrate and SDO, both of which found that the petitioner had only two children. The petitioner sought a court order directing the State Election Commissioner to dispose of the complaint promptly. The State Election Commission argued it would decide the matter as per law. The High Court, after hearing both sides, directed the State Election Commissioner to dispose of the complaint within two months of receipt of the order, after giving an opportunity to all concerned, thereby granting the petitioner's relief.

Issues considered

Whether the State Election Commission must be directed to dispose of a disqualification complaint under Section 18(1)(M) of the Bihar Municipal Act, 2007 within a specific time frame.

Legislation cited

Bihar Municipal Act, 2007 — s. 18(1)(M)

Subjects

disqualification
ward councilor
State Election Commission
Bihar Municipal Act
child limit
writ jurisdiction
procedural direction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1619 of 2026
                 ======================================================
                 Prayag Yadav S/o- Late Rameshwar Yadav, Resident of Mohalla- Bhaluhipur,
                 Ward No.-31, P.O- Chowk Ara, P.S.- Ara Town, District- Bhojpur.

                                                                       ... ... Petitioner/s
                                                 Versus
           1.    The State Election Commission through the Secretary, Veer Chand Patel
                 Marg Sone Bhawan, Patna, Bihar.
           2.    The Secretary, State Election Commission, Veer Chand Patel Marg, Sone
                 Bhawan, Patna, Bihar.
           3.    The State Election Commissioner, State Election Commission, Veer Chand
                 Patel Marg, Sone Bhawan, Patna, Bihar.
           4.    The District Magistrate, Bhojpur, District- Bhojpur.
           5.    The S.D.O., Ara Sadar, District- Ara.
           6.    The Circle Officer, Ara Town, District- Ara.
           7.    The District Panchayati Raj Officer, Ara.
           8.    The District Education Officer, Ara.
           9.    Krishna Jee, S/o- Late Shukhdev Narayan, Resident of Mohalla Bhaluhipur,
                 Ward No.-31, P.O.- Chowk Ara, P.S- Ara Town, District- Bhojpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Ranjeet Choubey
                 For the Respondent/s   :      Mr.Standing Counsel (21)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   03-02-2026        1. Heard the parties.

                      2. The grievance of the petitioner is that on a complaint made

                   by the respondent no. 9 against the petitioner that the petitioner

                   is having more than two children, Complaint Case No. 20 of

                   2023 was registered in the State Election Commission under

                   Section 18(1)(M) of the Bihar Municipal Act, 2007 for

                   disqualification of the petitioner from the post of Ward

                   Councilor.
Patna High Court CWJC No.1619 of 2026(2) dt.03-02-2026
                                            2/3




             3. Learned counsel for the petitioner submits that pursuant to

          the complaint made against him, a report was called for by the

          State Election Commission in the year 2023 and the District

          Magistrate, Bhojpur has submitted report dated 30.05.2023 with

          the finding that the petitioner -Ward Councilor is having only

          two children. Similar report was submitted by the SDO, Ara

          Sadar and other authorities, copy of which has been annexed as

          Annexure-P/5 Series. Accordingly, submission is that the State

          Election Commissioner may be directed to dispose the

          complaint lodged against the petitioner within a reasonable time

          frame.

             4. Learned counsel for the State            Election Commission

          submits that the State Election Commissioner definitely will

          decide the complaint as per law and materials submitted before

          him as early as possible.

             5. Considering the rival submissions of the parties, taking

          into consideration the nature of dispute and the prayer made in

          the writ application, this writ application is disposed with a

          direction to the respondent no. 3-State Election Commissioner

          to dispose the Complaint Case No. 20 of 2023 within a period of

          two months from the date of receipt / production of a copy of

          this order in accordance with law after giving opportunity of
           Patna High Court CWJC No.1619 of 2026(2) dt.03-02-2026
                                                       3/3




                     hearing to all concerned.



                                              (Anil Kumar Sinha, J)
praful/-

U

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