Bmc election disqualification query
pratik shandilya
(Querist) 12 December 2011
This query is : Resolved
hello, i am a law student, from mumbai, i want to know about disqualification for standing in BMC elections. i have heard that a person having more than 2 children cannot fight election in maharashtra. is that right? i have checked mumbai municipal corporation act wherein i read about it.please clear my doubt . my dad's friend want to fight election of BMC, but he has 3 kids. please tell me some more ACTS wherein i can find these relevent clauses. as a law student i am keen to know about this tragedy. thankyou.
M.Sheik Mohammed Ali
(Expert) 12 December 2011
you are in law student then file a writ against the GO or Act.
pratik shandilya
(Querist) 12 December 2011
sir, i am not against the act, i just want to confirm whether a person who has more than 2 children is disqualified from fighting BMC election.? thankyou.
ajay sethi
(Expert) 12 December 2011
yes it is a disqualifcation if you have more than 2 children
ajay sethi
(Expert) 12 December 2011
South Mumbai corporator ousted for violating 2-child rule
Published: Thursday, Dec 8, 2011, 8:00 IST
By Priyanka Sharma | Place: Mumbai | Agency: DNA
In a first, the state election commission has disqualified a sitting woman corporator from South Mumbai after she was found violating the ‘not more than two-child’ norm.
Gulshan Chauhan, the NCP corporator won her seat from Khar Talao-Nal Bazar in 2007, gave birth to her fourth child in 2001. She was invalidated of her seat on November 18.
“State election commission had been scrutinising her case and finally disqualified her on November 18 for violating BMC Act1888 section 16(1) B, which lays down the ‘two child’ rule,” confirmed an election official.
With an eye on family planning and health benefits, the state election commission in September 2000 framed directives that restrict the number of children for corporators to two. Under the rule, any corporator having a third child after 2001, is liable to be stripped of their election seat. Also, the commission bars anyone with over two children from contesting a local body election.
Every corporator at the time of filing nomination must submit a duly signed form that states their being aware of the terms and conditions of the poll commission.
“But the court found that Chauhan flouted the two-child clause despite being in the know,” he added.
Chauhan was dragged to the court on the issue by opposition Samajwadi Party leader Farida Masoori, who contested for the same seat in 2007 but could only garner the third highest votes.
Expressing his displeasure at the court’s decision, Gulshan’s husband, Salim, said they would appeal against the order.
“Though my wife gave birth to our fourth child in 2001, her younger sister adopted our two eldest kids. So, we just have two children and she is eligible to contest for the polls,” he added.Meanwhile, the election commission allows contestant to adopt a child after giving birth to two children.
However, civic officials doubt Salim’s claims.
“The court has given its verdict. As per the law she has been disqualified from her seat. It is doubtful if she will be allowed to contest in the coming civic polls,” said Mrudula Kulkarni, municipal secretary.
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pratik shandilya
(Querist) 12 December 2011
Thankyou sir for your precious guideline and precedent you gave me. I have one more doubt.
This is a true case.
a person has 1 son of 18 years from 1st wife(who is deceased) and has 2 girls from 2nd wife who is alive. These 2 girls from 2nd wife are born in 2007 and 2010 respectively. Now in pursuant to what you have said , for the purpose of BMC act, the number of children herein can be counted as total-3 . so as the father of all 3 children is one he will be disqualifed from elections.
2nd scenario
In the aforesaid case , if the 2nd wife wants to fight BMC election and she says that she has given birth to only 2 girls and that the elder son (currently of 18 yrs) belongs to 1st wife. Will the BMC act disqualify her to stand for elections even if she ,in fact, has given birth to only 2 girls?
Thankyou again. Awaiting your kind reply.
