Election of Corporator Annulled for having more than Two-Child

The High Court of Bombay recently upheld a 2018 order passed by a Civil Court that had set aside the election of Shiv Sena leader Anita Magar as a Corporator from Solapur Municipal Corporation in Maharashtra after it had come to light that she had more than two children.

On 24th May, the Single Bench of Hon’ble Justice CV Bhadang dismissed the plea filed by Anita Magar that challenged the order. However, the Bench stayed its order for four weeks to permit Magar to file an Appeal and take other legal remedies.

Background:-

In the election, Magar had won and had defeated other candidates, including one Bhagyalaxmi Mahanta.

Mahanta challenged the election contending that Magar had more than children, which was against the State’s two-child policy.

Before the Court, Mahanta referred to the provision of Bombay Provincial Municipal Corporation Act and to State Election Commission’s guidelines dated 12.09.2001 that mandated the election of candidates can be set aside if they had more than two children.

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On the other hand, Magar submitted that she only had two children, and the third child was born to her brother in law. She further stated that the child’s birth certificate had her name due to an error which she got corrected in 2012.

Court’s Observations

However, the High Court observed that the correction was only made when Magar’s husband decided to contest municipal polls of 2012. The Court further noted that Magar had not submitted any paternity test or documentary proof to show that the child was not hers.

Decision:

According to the High Court, Solapur Court’s order was correct and set aside Magar’s election.

The Court proceeded to dismiss the petition and stated that it would not impose any cost.

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