RAGHUNANDAN PHULWARIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Apprehensive that he may be declared disqualified on the ground of having more than two children effect the cut off date contained in Section 19 (L) of the Rajasthan Panchayati Raj Act, 1994 (for short 'the Act'), the petitioner has approached this Court.

(2.) In a nutshell, the facts of the case are that the petitioner's wife had undergone a sterilization operation on December 20, 1996. However, despite the said operation, petitioner's wife still delivered a child. Therefore, after the cut off date, the petitioner has more than two children. According to the petitioner, it is not his fault that sterilization operation had failed and his wife had conceived. Therefore, according to the petitioner, the birth of the 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.