Sangeet Lodha, J. - (1.) BY way of this writ petition, the petitioner has prayed that the automatic disqualification of the petitioner to contest and get nominated as Member of Panchayati Raj Institution incurred due to birth of third child on failure of vasectomy, be declared null and void and the petitioner may be declared qualified for contesting the elections of Panchayati Raj Institution 2015. Learned counsel for the petitioner submitted that the petitioner went through vasectomy with an intention to take an active part in family planning policy but due to failure thereof, the petitioner has fathered third child and therefore, he cannot be penalised for no fault on his part. Learned counsel submitted that automatic disqualification of the petitioner is seriously affecting his right to contest the election which is violative of Article 14 & 21 of the Constitution of India. On being asked by the Court as to whether the petitioner intends to question the vires of Section 19(1) of the Rajasthan Panchayati Raj Act, 1994 (for short "the Act"), learned counsel answered that the petitioner is not challenging the vires of the provisions but then, the provisions needs to be interpreted in terms that on account of the birth of third child after the cut off date, the disqualification shall not be automatic. In this regard, learned counsel has relied upon a decision of this Court in the matter of Dr. Poonam Parakh & Ors. vs. State of Rajasthan & Ors., : WLC 2011 (3), 727.
(2.) I have considered the submissions of the learned counsel and perused the material on record. Indisputably, as per clause (1) of Section 19 of the Act, which prescribes qualification for election as member of Panchayati Raj Institution a person registered as voter in the list of the voters of Panchayati Raj Institution is disqualified to contest the election if he has more than two children. As per proviso (iv) to Section 19, the birth of additional child during the period from the date of commencement of the Act to 27.11.95 is not taken into consideration for the purpose of the disqualification mentioned in clause (1) of Section 19 and a person having more than two children (excluding the child if any, born during the period from the date of such commencement to 27.11.95) shall not be disqualified under the clause for so long as number of children he had on the commencement of the Act does not increase. That apart, as per Explanation attached to Section 19, for the purpose of clause (1), where the person has only one child from the earlier delivery or deliveries on the date of commencement of the Act and thereafter any number of children born out of a single subsequent delivery, shall be deemed to be one entity.
(3.) ADMITTEDLY , the petitioner was having two children before the cut off date and the third child is born on 9.10.07 and therefore, the petitioner stands disqualified to contest the election of any Panchayati Raj Institution in terms of Section 19(1) of the Act.;