KIRAN DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) It is proposed to dispose of these three writ petitions by this common judgment as there are identical questions of law and fact involved in these petitions. However, facts of each case are being briefly and separately noted. CWP No. 466 of 2002

(2.) Petitioner Kiran Kumari is the elected Pradhan of Gram Panchayat, Bhawai in District Sirmaur, H.P. She was elected Pradhan on 15.12.2000. On this date Himachal Panchayati Raj (Amendment) Act, 200Q (Act No. 18 of 2000) was admittedly applicable. By virtue of the amending Act number of provisions of the Himachal Pradesh Panchayati Raj Act, 1994 were amended. For4he purpose of present writ petition we are concerned with Section 19 of the amending Act supra whereby clause (o) was also added to existing Section 122(1) of the HP. Panchayati Raj Act, 1994 (hereinafter referred to as 1994 Act). For ready reference this clause is extracted herein below : -xxx xxx xxx xxx (o) if he has more than two living children : Provided that the disqualification under clause (o) shall not apply to a person who has more than two living children on the date of commencement of the Himachal Pradesh Panchayati Raj (Amendment) Act, 2000, or, as the case may be, within a period of one year of such commencement, unless he begests an additional child after the said period of one year."

(3.) So far petitioner having given birth to the third child after coming, into force sub -clause (o) as well as after expiry of period mentioned in the proviso supra is concerned; it was not disputed at the time of hearing. It may also be noted that above amending Act No. 18 of 2000 came into force with effect from 8.6.2000.