The clause of disqualification based on possessing more than two living children has been ruled unconstitutional when it pertains to disqualification from holding 4the office of Sarpanch, Up-Sarpanch and Panch. if the person having more than two living children. The judgement was passed by the High Court of Jharkhand in the case of Rajesh Kumar Verma vs The State of Jharkhand & Anr. [W.P.(C) No. 539 of 2018] by Single Bench consisting of Hon’ble Justice Sujit Narayan Prasad.
The case has been filed seeking To declare Rule 3.14 of Jharkhand Municipal Elected Representative Rules, 2017 ultra vires the Constitution of India and thereby to quash and set aside the same, and to also declare section 18 (1) (n) of Jharkhand Municipal Act, 2011 ultra vires the Constitution of India. During the pendency of this writ petition, the operation, implementation and execution of the provisions enshrined in Section 18 (1) (n) of the Jharkhand Municipal Act, 20 May kindly be stayed.
Learned counsel for the writ petitioner has submitted that the provision as contained in Rule 3.14 of Jharkhand Municipal Elected Representative Rules, 2017 ultra vires the Constitution of India which provides the provision of disqualification of councillors if he has more than two living children, provided that a person having more than two children on or up to the expiry of one year of the commencement of the Act, shall not be deemed to be disqualified. The petitioner will not be able to contest the municipal election of the Councilors of the Municipal Corporation and as such, he will be deprived of contesting the election on the pretext of a law that ultra vires the Constitution of India.
Learned counsel for the respondent has submitted that the issue has already been decided by the Hon’ble Apex Court rendered in the case of Javed and Others vs. State of Haryana and Others, “wherein the provision of disqualification based on having more than two living children have been held to be not ultra vires, therefore, submission has been made that the instant writ petition is fit to be dismissed based on the ratio laid down by the above-stated case.”
While relying on the Hon’ble Supreme Court Judgement of Javed and Others vs. State of Haryana and Others, the learned court dismissed the petition and held that “the document available on record and appreciation of the rival submission advanced on behalf of the learned counsel for the parties, deem it fit and proper to go across the judgment.” And further, it opined that “disqualification from holding the office of Sarpanch, Up-Sarpanch and Panch if the person having more than two living children is not ultra vires.”