LAWS(UTN)-2018-6-109

MAHENDRA SINGH Vs. STATE OF UTTARAKHAND & OTHERS

Decided On June 21, 2018
MAHENDRA SINGH Appellant
V/S
State of Uttarakhand and others Respondents

JUDGEMENT

(1.) Admittedly, the petitioner has five children and he wants to contest the election of Member of the Nagar Palika, Jaspur, District Udham Singh Nagar. However, he has been declared ineligible to contest the said election due the provisions incorporated in Section 13-D (e) of the Uttaranchal (Uttar Pradesh Municipalities Act, 1916) vide Uttaranchal Act No. 13 of 2002 w.e.f. 21.12.2002 which reads as under:-

(2.) Learned counsel for the petitioner submits that this amendment is violative of Articles 14 and 21 of the Constitution of India. Learned counsel for the petitioner also contends that this provision is discriminatory.

(3.) The fact of the matter is that in the State of Haryana a similar enactment was made in Section 175 of the Haryana Panchayati Raj Act, 1994 which reads as under:-