Woman With 4 Children Allowed To Contest Nagpur Civic Polls. Law Says She Can't

Pushpa Waghmare, a mother of four, is contesting the Nagpur Municipal Corporation elections despite a law stating that candidates with more than two children cannot contest civic elections in Maharashtra.

In 1995, the Maharashtra Municipal Corporations and Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act was implemented, stating that a candidate with more than two children cannot contest these elections.

Polling for 29 municipal corporations across the state - including Mumbai, Pune, and Pimpri-Chinchwad - will be held on January 15, with votes counted on January 16. 

Nagpur is the hometown of Maharashtra Chief Minister Devendra Fadnavis and Union Minister Nitin Gadkari. Until the last civic election in 2017, the BJP had controlled the Nagpur civic body for three consecutive terms.

Waghmare is contesting on a Nationalist Congress Party (Sharad Pawar) ticket in Ward 36 in South-West Nagpur. As the controversy around her nomination intensified, she maintained that as a first-time candidate, she was unaware of the rules.

"I have only passed the twelfth grade and am a first-timer, so there is no reason for me to know the rules. Had I known that a mother of more than two children cannot contest Mahanagarpalika elections, I wouldn't have applied in the first place," she told NDTV. 

"They accepted my nomination, and that is not my fault. I am not going to suffer for a mistake that isn't mine; I am staying in the fray, come what may," she added.

When asked about potential legal challenges if she wins, she replied, "Please ask the official who accepted my nomination. If an official accepted my form, I should not be made to suffer needlessly."

A small-time entrepreneur in the catering business, Waghmare is also a social worker popular among local women. Her area is plagued by drainage problems and frequently floods during heavy rain. 

She claims she is running to address the civic issues ignored by previous representatives. 

"My people need me. Whoever we elected before didn't return to solve our problems," she said before leaving for another padyatra.

Dr Abhijit Chaudhari, the Election Officer for the Nagpur civic polls, stated that the Returning Officer has been asked to submit a factual report. 

"The decision of the Returning Officer is considered final from an administrative standpoint; any appeal against it can only be pursued in a court of law. We cannot change the decision at our level," he explained.

The Nagpur Municipal Corporation elections for 151 seats across 38 Prabhags saw 80 forms rejected during scrutiny, leaving 1,294 candidates initially. Following the withdrawal period, 993 remain in the contest.

Asked if this was a serious lapse, Dr Chaudhari noted the "huge rush" on the final day of nominations and the lack of a gap before the scrutiny process began. 

"The exact reasons will be clear once the report is submitted," he added.