Elections - surpunch
Satish Makam
(Querist) 29 April 2014
This query is : Resolved
one person had contested and won as surpunch from andhra pradesh.
he had 3 children born after 2000. but third child died with in one month of birth.
does it count to 3 children or 2 children for the purpose of maximum limit on number of children for contesting elections?
If it is not allowed, to whom it should be complained? tell me the detailed procedure to file a complaint against this issue.
thanking you
Sourav Das
(Expert) 30 April 2014
your grievance is time barred.
you can complain before election commis
Rajendra K Goyal
(Expert) 30 April 2014
Few lines from the case:
A.Yadagiri vs The Chief Election Commissioner, ... on 29 April, 2013, W.P.No.23648 of 2003
"in the A.P. Panchayat Raj Act,1994 the word "living" is not mentioned and therefore, it is not open to interpret the provisions of Section 19(3) of A.P. Act to mean that it would apply only if the child whose birth would result in the incurring of the disqualification is alive. I have therefore, no hesitation in rejecting this contention raised by the learned counsel for the respondent."
"S.19.(3): A person having more than two children shall be disqualified for election or for continuing as member:
Provided that the birth within one year from the date of commencement of the Andhra Pradesh Panchayat Raj Act, 1994 hereinafter in this section referred to as the date of such commencement, of an additional child shall not be taken into consideration for the purposes of this section.
Provided further that a person having more than two children (excluding the child if any born within one year from the date of such commencement) shall not be disqualified under this section for so long as the number of children he had on the date of such commencement does not increase.
Provided also that the Government, may direct that the disqualification in this section shall not apply in respect of a person for reasons to be recorded in writing."
T. Kalaiselvan, Advocate
(Expert) 30 April 2014
I appreciate the elaborate explanation given by expert Mr RKG on the subject along with the citation of settled law. Hope this solves the author's query (?).
M V Gupta
(Expert) 06 May 2014
I too appreciate the detailed reply with authority given by Mr. Goyal. I feel experts should help querists with such self explanatory replies giving details of sections Rules regns and decided case law wherever necessary. This would help other experts also.
