DHAN RAJ MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE writ petition has been filed challenging the judgment of the District Judge Baran whereby the election petition of the respondent No. 5 has been allowed and the election of the petitioner has been set-aside on the ground that the petitioner having incurred disqualification under Section 19 (l) of the Rajasthan Panchayati Raj Act, 1994 having had more than two child born into his family after the cut-off date i. e. 27. 11. 1995, was rendered disqualified to contest the election.

(3.) PERUSAL of the aforesaid judgment of the Supreme Court would show that merely because couple had parted with one child by giving the child in adoption, the disqualification does not come to an end. While interpreting the scope of disqualification, the Courts have to keep in view the evil sought to be cured and purpose sought to be achieved by the enactment. If the person sought to be disqualified is responsible for giving birth to more children than two, who are living, then merely because one or more of them, are given in adoption, the disqualification is not wiped out.