LAW FOR ALL

ELECTION CASE = DISQUALIFICATION FOR HAVING MORE THAN TWO ISSUES = Birth of third child on or after incorporation of sec. 19 (3) fasten the person with disqualification irrespective of the death of a child after birth = it is settled law that the burden of proving an exception to a rule is on the person who wants the benefit of the exception; if the 4th respondent's case is that the fourth child born to him is dead, the burden of proving the said fact should have been placed on him and not on 6th respondent (he relied upon the decision in B. Kantha Reddy v. Mandal Development Officer-cum-Additional District Election Authority, Manopad Mandal, Mahabubnagar District and others2 in this regard); the mere act of procreation of more children than permitted after the relevant date for seeking elected office under the Act creates a disqualification as held by this Court in B.K. Parthasarathi and others v. Govt. of A.P., Panchayat Raj Dept. and others3 and Are Gangadhar v. Zilla Praja Parishad, Karimnagar and others4; that in Javed and others v. State of Haryana and others5, the Supreme Court had held that the disqualification is attracted no sooner the third child is born; in the A.P. Panchayat Raj Act,1994 there is no specific provision like in Haryana Panchayat Raj Act, 1994 and Haryana Municipal Act, 1973 that the additional child should also be alive; therefore, whether the fourth child of the 4th respondent was alive or dead is unnecessary to be gone into; this principle of law has also been ignored by the election tribunal; in any event, the order of the election tribunal is perverse and is unsustainable.= whether by death of the 4th child of 4th respondent his disqualification is erased? For the above reasons, the writ petition is allowed with costs and the order dt.22.07.2003 in O.P.No.5 of 2001 on the file of the Election Tribunal- cum- Principal Junior Civil Judge, Hyderabad (East and North), Ranga Reddy District, is quashed and it is declared that the 4th respondent has incurred the disqualification u/S.19(3) of the Act disentitling him from contesting for any post in the Grampanchayat of Bata Singaram Village, Hayath Nagar Mandal, Ranga Reddy District under the Act.