Municipal polls: Candidates can’t beat two-child norm with ‘adoption story’

SEC officials said the clarification was aimed at restraining aspiring candidates from indulging in fraudulent practices like showing their third child as adopted.

Ahead of municipal polls in Bihar, the State Election Commission ( SEC) has issued a clarification that an aspiring candidate, who has given one of his children for adoption, would continue to be treated as a biological parent of the child, according to officials familiar with the matter.

The municipal polls in Bihar would be held in two phases on October 10 and 20, and counting will be held on October 12 and 22. (HT Photo)

SEC officials said the clarification was issued recently to all officials following queries made by some district magistrates in the context norms pertaining to disqualification of candidates having more than two children, which have been applicable in the last few urban polls.

Under section 18 of the Bihar Municipal Act, 2007, it has been provisioned that a person having more than two living children would be debarred from contesting polls for urban local bodies.

The municipal polls in Bihar would be held in two phases on October 10 and 20, and counting will be held on October 12 and 22. The nomination for the first phase of polls has already begun from September 10 and will end on September 19.

“If an aspiring candidate, having more than two children, has given any of the children for adoption would still be debarred from contesting polls as he or she would continue to be treated as biological parent of the child,” said a senior SEC official, not willing to be identified.

Under the rules which came into effect from April 4, 2008, and implemented in urban polls in 2012 and 2017, candidates filing nominations for various posts have to declare that they have only two living children.

After the polls, if it’s found through complaint or any petition that any candidate or winner had more than two children, necessary legal action is taken by the SEC, officials said.

SEC officials said the clarification was aimed at restraining aspiring candidates from indulging in fraudulent practices like showing their third child as adopted.

“There have been few complaints in this regard in the past. Investigations had revealed that the adoption was just on paper because the third child was given to relatives for a temporary period by the candidate,” said another SEC official.

He said several winning candidates for ward councillors and other posts in municipal bodies had been disqualified following such complaints.

The SEC has also instructed the state police administration to arrest absconders in criminal cases who come to the office of the returning officers.

Under the provisions, a person having been sentenced by a court for an offence, other than a political offence, for a jail term exceeding six months or has been ordered to furnish security for good behaviour under section 109 or section 110 of the Code of Criminal Procedure, 1973, and such sentence or order not having been reversed would be ineligible to contest urban polls. A person absconding being an accused in a criminal case for more than six months is also ineligible to contest, as per rule.

SEC secretary Mukesh Kumar Sinha said all election officials have been directed to strictly implement all provisions of the municipal act pertaining to eligibility of candidates and other norms. “We are giving necessary instructions to election officials for ensure free and fair polls,” he said.