Disqualification in election - morethan 2 children
nagarajupatro
(Querist) 18 February 2013
This query is : Resolved
Respected Seniors
Good Evening
Please suggest in the following issue immediately for which I will be thankful to you.
"X" had four children two of them were born after the enactment to election rules came into force in 1995 in andhra pradesh. Whether he is eligible to contest now for local bodies?
"X" given adoption of his two daughter to his brothers "Y" & "Z" respectively yester day, whether it is valid and make "X" eligible to contest elections?
Candidatue must not have more than two children mean ???
whether the adopted children will be treated as the children of "X" even after the adoption?? and "X" will be disqualified to contest.??
ajay sethi
(Expert) 18 February 2013
he cannot stand for elections as he has 4 children .
if valid adoption deed has been made then adopted child will be treated as children of his brother . X should not face disqualifcation in such a case . however please cross check with the lection commission of your state
Devajyoti Barman
(Expert) 19 February 2013
The rules need to be seen. if there is no escape route on this ground then the candidate is debarred from contesting.
prabhakar singh
(Expert) 19 February 2013
Let those rules be there as they are.
First tell among 4 children,two were daughters given in adoption by "x" to his two brothers"y"and"Z".Now tell the gender of remaining two children of "x".
Also tell the age of daughters given in adoption,and has any adoption deed prepared and signed by both side parents.Were these two deeds prepared on same date or on different dates,the gape between the two dates.
Also tell "Y" or "z" had no daughters before adoption.
So that it may be considered that these adoption are intended to defeat those rules
or valid and bonafide one.
Raj Kumar Makkad
(Expert) 23 February 2013
The questions raised by Mr. Singh are very vital require your reply so that a definite oinion may be framed.