Sarpanch from Maharashtra to undergo DNA test

The sarpanch of a village in Maharashtra has to pass a different kind of test to retain his position - a DNA test.

Having denied fathering a third child, the man has been directed by the Supreme Court to undergo the test to prove his claim.

The Sarpanch is alleged to have the third child from his second wife. But he claimed his second wife never had any child from their marriage. Also, the second marriage is over, he contended.

According to the Maharashtra Village Panchayats Act, a person is disqualified from holding any position in the gram panchayat if he or she has more then two children. Such a person cannot contest any post too.

Since the case has been pending in the top court since 2016, an SC bench, headed by justice Rohinton F Nariman, said the dispute over paternity must now be settled beyond doubt.

“A DNA test will conclusively prove as to whether the child is, in fact, the third child of the petitioner,” said the court order.

The bench, which also included justices Navin Sinha and KM Joseph, added that the DNA test will put an end to the controversy over whether the claimed separation between the sarpanch and his second wife was a ploy to remain in his position or whether the assertions were genuine.

“Therefore, a DNA test is to be conducted on the petitioner (who is Sarpanch) as well as the child on any day next week at the Government Hospital (Aurangabad), in the presence of a responsible medical officer,” stated the order.

The bench directed the medical officer of the hospital to furnish the test results confidentially, which will be taken up for hearing next month.

The Sarpanch had moved an appeal after the Bombay high court disqualified him for having more than two children. The high court had noted that he had also partitioned his land in favour of the male child.

The invitation card for marriage of the Sarpanch’s daughter also mentioned this child’s name, and the high court had taken note of as it put its stamp of approval on the order of disqualification.

The high court added the Sarpanch can go to a civil court if he wants a legal declaration that the child was not his.