Case Note & Summary
The petitioner, Premdas Gulab Chavan, challenged the order of the Additional Commissioner, Amravati Division, dated 06.02.2015, which set aside the disqualification of respondent no.3, Sau. Savita Milind Bhagat, under Section 14(1)(j1) of the Maharashtra Village Panchayat Act. The respondent no.3 was disqualified on the ground that she had more than two children on the date of elections held in 2013. The facts were undisputed: the first child was born on 19.06.2004, the second on 10.01.2007, and the third on 30.09.2008. All three children were born after the cutoff date of 12.09.2001, when the provision came into force. The respondent no.3 argued that the first child died on 01.12.2007, and thus she had only two living children on the date of elections. The court considered the provision of Section 14(1)(j1) and its provisos. The court noted that the disqualification is based on the number of children born, not the number of living children. The death of a child after birth does not reduce the count for disqualification. The court relied on the decision in Dnyaneshwar Patiram @ Ratiraj Shi... (the judgment text is cut off, but the court held that the disqualification is attracted if a person has more than two children on the date of election, regardless of subsequent death). The court allowed the writ petition, set aside the order of the Additional Commissioner, and restored the disqualification of respondent no.3.
Headnote
A) Panchayat Law - Disqualification - Two-Child Norm - Section 14(1)(j1) of Maharashtra Village Panchayat Act - The disqualification under Section 14(1)(j1) is based on the number of children born to a person, not the number of living children. The death of a child after birth does not reduce the count for disqualification. The provision is a measure of population control and must be strictly interpreted. (Paras 2-4) B) Panchayat Law - Disqualification - Two-Child Norm - Section 14(1)(j1) of Maharashtra Village Panchayat Act - The court held that the disqualification is attracted if a person has more than two children on the date of election, regardless of whether any child dies subsequently. The birth of a third child after the cutoff date disqualifies the person from being a member of a Panchayat. (Paras 2-4)
Issue of Consideration
Whether the death of a child after birth reduces the number of children for the purpose of disqualification under Section 14(1)(j1) of the Maharashtra Village Panchayat Act?
Final Decision
The writ petition is allowed. The impugned order dated 06.02.2015 passed by the Additional Commissioner, Amravati Division, is quashed and set aside. The disqualification of respondent no.3 under Section 14(1)(j1) of the Maharashtra Village Panchayat Act is restored.
Law Points
- Disqualification under Section 14(1)(j1) of Maharashtra Village Panchayat Act is based on number of children born
- not living children
- death of a child after birth does not reduce the count for disqualification
- the provision is a measure of population control and must be strictly interpreted.
