- (1.) With consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding audio and visual quality.
(2.) The instant writ petition is under Article 226 of the Constitution of India, praying for the following reliefs: "(i) To declare Rule 3.14 (as amended up-to-date) of Jharkhand Municipal Elected Representative (Discipline and Appeal) Rules, 2017 ultra vires the Constitution of India and thereby to quash and set aside the same, as notified by Notification No.01/Policy Decision-10/2016/U.D.H-5421 Ranchi dated 22.8.2017 (Annexure-3) and Notification No. 01/Policy Decision-10/2016/U.D.H-6669 Ranchi dated 30.10.2017 (Annexure-4), issued under the pen and signature of respondent no.2. (ii) To also declare section 18 (1) (n) of Jharkhand Municipal Act, 2011 ultra vires the Constitution of India. (iii) During the pendency of this writ petition, the operation, implementation and execution of the provisions enshrined in Section 18 (1) (n) of the Jharkhand Municipal Act, 2011 and both the Notifications dated 22.8.2017 (Annexure-3) and 30.10.2017 (Annexure-4) to the extent of Rule 3.14, may kindly be stayed."
(3.) Mr. Manoj Tandon, learned counsel for the writ petitioner has submitted that the provision as contained in Rule 3.14 of Jharkhand Municipal Elected Representative (Discipline and Appeal) Rules, 2017 ultra vires the Constitution of India as has been notified vide notification dated 22.08.2017 which provides the provision of disqualification of councilors if he has more than two living children, provided that a person having more than two children on or up to the expiry of one year of the commencement of the Act, shall not be deemed to be disqualified. According to the learned counsel for the petitioner, in view of such provision, the petitioner will not be able to contest the municipal election of the Councilors of the Municipal Corporation and as such, he will be deprived from contesting the election on the pretext of a law which ultra vires the Constitution of India. According to the learned counsel, the provision as contained under Section 18(1) (n) of the Jharkhand Municipal Act, 2011 is in the teeth of Section 590 of the Jharkhand Municipal Act, 2011 and further based upon unreasonable classification and therefore, the same is fit to be held ultra vires.;