Aspiring 'neta' says 3rd kid a mishap, HC unimpressed

The state government’s two-child norm for candidates contesting municipal and panchayat polls has survived a unique challenge.

Baliram Deokate recently moved Bombay High Court, challenging his disqualification from contesting Panchayat Samiti elections for having a third child after the cut-off date of September 12, 2001. Deokate argued that his third child was born on August 20, 2002, due to failure of his wife’s tubectomy operation and therefore, owing to “circumstances beyond his control”.

Deokate’s argument, however, failed to move the judges. Justice AM Khanwilkar and Justice SR Dongaonkar dismissed his petition stating, “As the ground of child born on account of reasons beyond the control due to operation failure or for whatever reason is not envisaged by the statute, accepting that argument of the appellant (Deokate) would inevitably result in diluting the mandate of the provision relating to disqualification - if not rewriting the same, which cannot be countenanced.”

As per a 2000 amendment to the Maharashtra Zilla Parishads and Panchayat Samitis (MZPPS) Act, 1961, persons having more than two children were disqualified from contesting panchayat polls. Providing a one-year window period, the government set September 12, 2001, as the cut-off date for the two-child norm.

The judges observed that it was an admitted fact that Deokate had only two children prior to the enactment of the two-child norm. Also, it was not challenged that Deokate’s third child was born on August 20, 2002, which is after the cut off date of September 12, 2001. The explanation given by Deokate did not fall within any of the exceptions provided in the MZPPS Act.