Corporator loses seat for having more than 2 kids

published on November 12, 2012

TNN | Nov 12, 2012

HYDERABAD: For the first time ever, a municipal corporator has been disqualified for having more than two children. The byelection for the division will be held soon.

The Greater Hyderabad Municipal Corporation (GHMC) has issued a notification declaring Borabanda division corporator G Vanaja’s (Congress) election invalid after the AP high court disqualified her as per section 21 B of the GHMC Act, 2009. As per the section, a person having more than two children (after 1995) would be disqualified from election or from continuing as member.

As the corporator’s election was struck down by the court, the corporation wrote a letter to the State Election Commission (SEC) a couple of days ago for conducting byelection. The byelection is likely to take place in December. It would be the second byelection after formation of Greater Hyderabad. Last year, byelection was conducted for the KPHB colony division after the demise of the sitting corporator.

Incidentally, another case of a corporator having more than two children is pending with the high court. Langer Houz corporator Ravi Yadav (MIM) had won the civic election in 2009. When another contestant from the division approached the court against Ravi Yadav’s election, the lower court declared his election as invalid, but the corporator approached the HC, where his case is pending.

Sources said there were nearly 10 corporators, who had won the election in 2009, but have more than two children. The two-child norm also applies to other elected representatives–MLAs, MLCs and MPs–but as objections are not raised these representatives continue in their posts.

Usually, returning officers, during scrutiny of nominations, check details of candidates like the two-child norm, criminal history, conviction in any case, whether holding office-of-profit or owe dues to the corporation. If they do not raise any objection at the time of scrutiny, other contestants could approach courts even after the election.

“Though returning officers have power to inquire issues like the two-child norm on suo motu during the scrutiny of nominations, they seldom get into it as it requires evidences. That is why they leave the issue to other contestants,” a GHMC officer said.

“A major problem is that most contestants are ignorant about these rules. Also, the burden of proof lies on the contestant, who has to gather evidence and present it,” BJP floor leader in GHMC Bangari Prakash said.

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