उत्तराखंड हाईकोर्ट का फैसला: अब २ से अधिक बच्चे वाले भी लड़ सकते हैं चुनाव
त्रिस्तरीय पंचायत चुनाव में दो से अधिक बच्चों वाले लोगों के चुनाव लड़ने के मामले में हाईकोर्ट ने फैसला सुना दिया है। हाईकोर्ट ने कहा है कि दो से अधिक बच्चे वाले चुनाव लड़ सकेंगे और यह फैसला 25 जुलाई 2019 से लागू होगा। इस प्रकरण में पूर्व में हाईकोर्ट के मुख्य न्यायाधीश रमेश रंगनाथन एवं न्यायमूर्ति आलोक कुमार वर्मा की खंडपीठ ने सुनवाई के बाद तीन सितंबर को निर्णय सुरक्षित रख लिया था।
मामले के अनुसार नया गांव कालाढूंगी निवासी मनोहर लाल आर्या, जोत सिंह बिष्ट, घोषिया रहमान सहित कई अन्य लोगों ने अलग अलग याचिका दायर कर कहा था कि राज्य सरकार की ओर से 2019 में पंचायती राज एक्ट में संशोधन कर दो बच्चे से अधिक बच्चे वाले उम्मीदवारों को चुनाव लड़ने से रोका जा रहा है जो कि गलत है। याचिका में कहा था कि सरकार की ओर से इस संशोधन को बदलाव के बाद पिछली डेट से लागू कराया जा रहा है, यह नियम विरुद्ध है।
हाई स्कूल पास होने की बाध्यता को भी चुनौती
याचिकाकर्ताओं का यह भी कहना था कि अगर किसी एक्ट में बदलाव किया जाता है तो उसको लागू करने से पूर्व 300 दिन का ग्रेस पीरियड दिया जाता है, लेकिन राज्य सरकार की ओर से यह ग्रेस पीरियड नहीं दिया गया। याचिकाकर्ताओं का कहना था कि सरकार के दो बच्चों से अधिक के व्यक्ति के चुनाव लड़ने वाले बदलाव के बाद पहाड़ी क्षेत्रों में प्रधान के उम्मीदवार मिलना मुश्किल हो जाएगा।
साथ ही याचिका में हाई स्कूल पास होने की बाध्यता को भी चुनौती दी गई है। एक्ट के संशोधन में यह भी कहा गया है कि को-ऑपरेटिव सोसायटी के सदस्य भी दो से अधिक बच्चे होने के कारण चुनाव नही लड़ सकते हैं, लेकिन गांवों में प्रत्येक सदस्य किसी न किसी को-ऑपरेटिव सोसायटी का सदस्य होता है। इस तरह से तो पहाड़ी राज्य होने के कारण पहाड़ में ग्राम प्रधान का सदस्य चुनना या मिलना मुश्किल हो जाएगा।
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