The Bombay High Court recently issued a notice to Congress MLA from Dharavi, Varsha Gaikwad, after a local resident alleged that Ms. Gaikwad used children aged between 9 and 13 for campaigning and other work during the Assembly election, which is contrary to the Election Commission (EC) rules and the code of conduct. She is currently the School Education Minister.
A single Bench of Justice S.C. Gupte was hearing an election petition filed by Ashish More (47), a resident of Dharavi, in December 2019. He relied upon circulars issued by the EC in 2009, 2013, 2014 and 2017, prohibiting involvement of children in the election process.
The petition also mentioned an order passed by the HC stating ‘political parties must ensure there is no participation of minor children in election-related activities and that no child is involved in the entire process.’ Mr. More had attached photographs of children’s involvement during the election campaign in the plea. He had also filed a complaint with the senior police inspector of Dharavi police station on October 12, 2019. Mr. More filed the petition under the Representation of the People Act, the Child, Labour (Prohibition and Regulation) Act, and the Juvenile Justice (Care and Protection) of Children Act.
He said the code of conduct for the election was in force till October 30, 2019. However, Ms. Gaikwad held a rally on October 28 involving children, he claimed. He also alleged that Ms. Gaikwad had not shown the expenses incurred for the rally to poll officials.
Mr. More urged the court to call for records of the rally and direct the Maharashtra State Commission for Protection of Children (MSCPC) to take disciplinary action against the Congress leader. He also appealed to the HC to declare Ms. Gaikwad’s election as MLA null and void, and ban her from contesting in Maharashtra for the next six years.
The Bench issued notices to Ms. Gaikwad, MSCPC, and Women and Child Development Department, and posted the matter for hearing on March 9.