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Issues:
1. Disqualification of a candidate based on the number of children at the time of nomination. 2. Interpretation of relevant statutory provisions regarding disqualification for municipal elections. Issue 1: Disqualification of a candidate based on the number of children at the time of nomination: The appellant filed his nomination for a municipal election but faced disqualification due to having more than two living children at the time of nomination. The dispute arose regarding the interpretation of the disqualification clause in the Haryana Municipal Act, particularly related to the timing of the disqualification concerning the birth of additional children after the enactment of certain amendments. The appellant argued that the disqualification should be determined from the date of publication of the Amendment Act, while the High Court held that the disqualification would operate after a specific period from the date of the enactment of the Amendment Act. The court analyzed the legislative intent behind the disqualification clause and the subsequent amendments to clarify the timing of disqualification based on the number of children a candidate had at the time of nomination. Issue 2: Interpretation of relevant statutory provisions regarding disqualification for municipal elections: The court examined the relevant provisions of the Haryana Municipal Act and the amendments introduced to address disqualifications for municipal membership. The court emphasized the importance of interpreting the statutory provisions in a manner that aligns with legislative intent and avoids uncertainties or contradictions. The court highlighted the specific language of the disqualification clause, which aimed to restrict individuals with more than two living children from being chosen as municipal members. The court also discussed the significance of a proviso in the amendment that provided a relaxation period for individuals with more than two children after a specified timeframe from the commencement of the Act. By analyzing the legislative history and the purpose behind the amendments, the court concluded that the High Court's interpretation of the provisions was in line with the legislative intent and public interest. Consequently, the court dismissed the appeal, upholding the decision of the High Court regarding the rejection of the appellant's nomination based on disqualification criteria. In conclusion, the Supreme Court's judgment addressed the issues related to disqualification of a candidate based on the number of children at the time of nomination for municipal elections. The detailed analysis of the statutory provisions and legislative intent provided clarity on the timing of disqualification and upheld the decision of the High Court regarding the rejection of the appellant's nomination. The judgment emphasized the importance of interpreting legal provisions to serve public interest and avoid inconsistencies, ultimately dismissing the appeal and affirming the High Court's ruling.
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