GAJANAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has approached this court seeking relaxation of notification dated November 27, 1995, as well as of Section 19 (L) of the Rajasthan Panchayati Raj Act, 1994 (for short `the Act').

(2.) In a nutshell, the facts of the case are that the petitioner's wife had undergone sterilization operation on November 25, 2001. However, despite the said operation of sterilization, petitioner's wife still delivered a child. Therefore, after the cut off date, the petitioner has more than two children. According to the petitioner, this is not his fault that sterilization operation had failed and his wife conceived. Therefore, according to the petitioner, the birth of third child should not be treated as disqualification of petitioner under section 19 (L) of the Act.

(3.) Heard learned counsel for the petitioner, considered the material available on record, and considered the case law cited at the Bar.