Case Note & Summary
The petitioner, Smt. Anita Rahangdale, filed a writ petition challenging the rejection of her nomination form for the post of Sarpanch of Gram Panchayat Thanegaon. The Returning Officer rejected her nomination on the ground that she was disqualified under Section 14(1)(j1) of the Maharashtra Village Panchayats Act, 1958, which disqualifies a person having more than two children. The facts were undisputed: the petitioner's first child (daughter) was born on 7th August 2004, the second child (daughter) was born on 19th June 2007 but died on 2nd August 2008, and the third child (son) was born on 19th July 2009. Thus, although three children were born, only two were living at the time of the election. The respondent No.3 objected before the Returning Officer, who upheld the objection and rejected the nomination. The petitioner argued that since the second child died before the birth of the third child, she had only two living children and was not disqualified. The Court relied on the judgment in Dnyaneshwar Patiram @ Ratiraj Shirbhiye v. Divisional Commissioner and held that the disqualification under Section 14(1)(j1) applies only when a person has more than two living children. The death of a child before the birth of a subsequent child means the deceased child is not counted. Therefore, the petitioner had only two living children and was not disqualified. The Court allowed the writ petition, set aside the order of the Returning Officer, and directed that the petitioner's nomination be accepted.
Headnote
A) Panchayat Law - Disqualification - Two-Child Norm - Section 14(1)(j1) Maharashtra Village Panchayats Act, 1958 - The petitioner had three children born after the cutoff date, but the second child died before the birth of the third child, leaving only two living children. The Returning Officer rejected her nomination on the ground that she had three children. The Court held that the disqualification under Section 14(1)(j1) applies only if a person has more than two living children. Since the second child died before the third child was born, the petitioner has only two living children and is not disqualified. The Court allowed the petition and set aside the rejection of nomination. (Paras 3-7)
Issue of Consideration
Whether the petitioner is disqualified under Section 14(1)(j1) of the Maharashtra Village Panchayats Act, 1958 for having three children, when the second child died before the birth of the third child, leaving only two living children.
Final Decision
The writ petition is allowed. The order of the Returning Officer rejecting the nomination form of the petitioner is set aside. The Returning Officer is directed to accept the nomination form of the petitioner.
Law Points
- Disqualification under Section 14(1)(j1) of Maharashtra Village Panchayats Act
- 1958 applies only if more than two living children exist
- death of a child before birth of subsequent child means the deceased child is not counted for disqualification
- purposive interpretation of two-child norm.
