RATIRAM Vs. DEVI CHARAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner Shri Ratiram against the judgment dated 27-9-2006 by which the election petition filed by respondent No. 1 was allowed and election of the petitioner an Sarpanch of Gram Panchayat Domai, Panchayat Samiti Basedi, District Dholpur was set aside.

(2.) Shri K.N. Sharma, learned Counsel for the petitioner has at the outset stated that in view of the fact that original term for which the petitioner was elected has come to an end and fresh election to the Oram Panchayat Dpmai has been announce, therefore, he would confine his prayer for relief in the writ petition only to the extent that if he is not held disqualified, that should enable him to contest the fresh election.

(3.) Shri K.N. Sharma, the learned Counsel submitted that the Election Tribunal has misconstrued and misinterpreted Section 19(1) of the Rajasthan Panchayati Raj Act, 1994, (for short 'the Act 1994') which provides that every person registered as a voter in the list of voters of a Panchayati Raj Institution shall be qualified for election as a Panch, or as the case may be, a member of such Panchayati Raj Institution unless such person has more than two children. The Act by which the aforesaid provision was inserted itself commenced on 23-4-1994. But, the fourth proviso introduced by way of amendment carved out an exception by providing that an additional children shall not be taken into consideration for the purpose of the disqualification mentioned in Clause (1) and a person having more than two children (excluding the child if any, born during the period from the date of such commencement to 27th November, 1995) shall not be disqualified under that clause for so long as the number of children he had on the date of commencement of this Act does not increase. The amendment Act came into force or commenced from 27-11-1995. Learned Counsel submitted that by mere use of the word "an additional child" in the law legislature did not envisage only one child to be excluded, even if two children are born out of the wedlock of marriage of a person between 23-4-1994 and 27-11-1995. Learned Counsel referred to Section 14(2) of the General Clauses Act, 1955 (for short 'the Act of 1955') and argued that according to said provision in all Rajasthan laws, unless a different intention appears, words in the singular shall include the plural and vice versa.