Odisha Sarpanch unseated for two-kid norm violation

At the time of filing of papers, Dusmant demanded rejection of Uttam’s nomination as he was father of three children. However, the election officer rejected the plea and declared the nomination valid.

KENDRAPARA: A district court on Wednesday set aside the election of a sarpanch in Rajkanika block for violating the two-child norm in the last panchayat elections.

Uttam Senapati was elected sarpanch of Baruna gram panchayat by defeating Dusmant Behera in 2017.

At the time of filing of papers, Dusmant demanded rejection of Uttam’s nomination as he was father of three children.

However, the election officer rejected the plea of Dusmant and declared Uttam’s nomination valid.

Later, Dusmant filed a case in the court of Aul against the elected sarpanch stating that as per Section-11 of Odisha Gram Panchayat Act, a person having more than two children is not entitled to contest in the rural polls.

After examining the set of evidence, First Class Judicial Magistrate of Aul P Sitalaxmi set aside the election of Uttam as he has three kids. 

As per the Indian People’s Representative Act, 1951, a person having any number of children is eligible to contest for the post of MLA and MP.

However, under the Gram Panchayat Act, persons having more than two children are not entitled to contest in panchayat body elections. 

“This anomaly between both the Acts should be rectified. The legislature should amend the People’s Representative Act to impose same restriction like the Gram Panchayat Act on persons contesting for MLA and MP posts for a healthy democracy,” said Mrutunjaya Samal, a lawyer of Kendrapara.

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