AHMEDABAD: Upholding the two-child norm for panchayat candidates, the Gujarat high court has disqualified a taluka panchayat member who was elected last year and whose fourth child was born eight years ago but had died just five days after his birth.
Mahesh Parmar was elected to Thasra taluka panchayat in local body elections last year but after a few months, another contestant brought to the notice of the government the fact that he had become the father for the fourth time eight years ago. A government order disqualified Parmar, but he challenged it in the HC on the ground that his child died five days after birth. He also challenged the two-child norm itself.
The two-child norm for panchayat candidates was introduced in 2005 to promote family planning. Those who have three or more children born before the law came into effect remain unaffected. If such a candidate has another child after the cut-off date in 2006, the person cannot contest anymore according to the Gujarat Panchayat Act.
The HC held that Parmar remains disqualified due to birth of his fourth child after the two-child norm came into effect. "Merely because such child passed away subsequently, has no relevance for the purpose of considering the disqualification. If the petitioner’s argument is accepted, one may say that even if such child is given in adoption to another person, as such, will not result into disqualification. Such interpretation will run contrary to the very objective of the provision," the court order read.