New Delhi, Apr 18: The Supreme Court will settle a controversy whether a candidate who has given his third child in adoption can escape the two children restriction while contesting Panchayat elections.
A bench comprising Mr. Justices K.G. Balakrishanan and Markandey Katju on Monday issued notices to the state of Orissa and Collector , District Nuapada on a petition filed by Mina Singh Majhi challenging an Orissa high court judgment.
The High Court had dismissed the Election Petition of the petitioner challenging the order debarring the petitioner from contesting elections on the ground that he had three children.
Several states have enacted laws debarring persons having more than two children from contesting elections.
Counsel for the petitioner Sushil Kumar Jain had pleaded that the High Court had erred in interpreting the statutory provisions governing adoption and also contended that once the child is given in adoption such child ceases to be member of the family of his natural parents.
The petitioner has three children and his contention was that after giving one of his children in adoption he had two children and was therefore eligible to contest Panchayat elections. His contention was turned down by the Collector, Nuapada as well as the High Court.