In a misfortune to the administering BJP, authorities have precluded two party councilors from Amreli’s Damnagar Nagarpalika for Violating 3 Child Policy, which violates the Gujarat Districts Act, 1963.
Violating 2 Child Policy
On Monday, the office of Amreli Area Collector Ajay Dahiya issued an order precluding Khima Kasotiya and Meghna Bokha as councilors of the urban nearby body with immediate impact.
The Collector based the choice on birth certificates submitted by Damnagar Municipal Chief Officer Krupesh Patel. Despite this preclusion, the BJP’s control over the civic body remains unaffected.
After being summoned by the District Collector, the Chief Officer submitted birth certificates showing that Kasotiya and Bokha each had two children when they challenged the Damnagar civic body election in 2021.
The certificates uncovered that Kasotiya, a BJP councilor from Ward No. 2, had a third child, as did Bokha, a BJP councilor from Ward No. 3.
“In light of the application submitted by the candidate, the proof displayed within the case, and the merits and demerits of the circumstance, it is observed that Respondent No.1 (Khima Kasotiya) and Respondent No.2 (Meghna Bokha) each had two children at the time of the Damnagar district decision in 2021.
Also, it is noted that a third child was born to Respondent No.1 on May 10, 2023, and to Respondent No.2 on March 14, 2023,” stated the Collector in his order, emphasizing that this action contravenes Section 11(1)(h) of the Gujarat Municipalities Act.
On August 4, 2005, Section 11(1)(h) was incorporated into the Gujarat Municipalities Act, rendering individuals ineligible to serve as members of a municipality in case their third child was born after that date.
The Collector reacted to an application recorded by a diamond polisher from Damnagar on January 16. Upon getting the application from Chhagan Bhaksar, the Collector asked for records from the Chief Officer and the two corporators.
Despite objections raised by the two corporators, who argued that the run of the show did not apply if a third child was born after race to a district, the Collector overruled their protests.
Gujarat’s two-child Policy
- In 2005, the Gujarat government amended the Gujarat Local Authorities Act to prevent a person having more than two children, from being a member of a panchayat or the councilor of a municipality or municipal corporation.
- The amendment also added the clause to the other Acts governing elections to local administrative bodies. For example:
- Gujarat Provincial Municipal Corporations Act, 1949.
- Gujarat Panchayats Act, 1993.
- Aim: To order and stabilize the growing population of the country, beginning with elected representatives.
Cutoff Date and Exceptions
- The representatives with more than 2 children before the commencement of the act were allowed to contest provided, they used family planning post-commencement. There was a window of 1 year till 2006 period for full compliance.
- The twins and triplets were taken as an exception and their parents were exempted from any debarment from contesting elections.
- Divorcees and adoptions have not been given an exception.
