On Saturday (02nd January) the Bombay high court, (Aurangabad Bench) permits transgender to contest the village panchayat election under women’s category as the petitioner always plump for female gender for all causes. Transgender Persons (Protection of Rights) Act, 2019 allows transgender to opt for whichever gender they want and to be recognized by.
The petition was filled by Anjali Guru Sanjana Jaan challenging the rejection of petitioner’s nomination for the village panchayat election. The petition was heard by single bench judge Justice Ravindra Ghuge. Justice Ghuge permits the petitioner to contest the Gram Panchayat election in Jalagaon district under the women’s category.
In this case, the petitioner has always opted for the female gender as per her wish and choice which was considered as a serious statement by her and recorded as a statement made to the court, that “in her lifetime she would not switch over to male gender and would continue to opt for the female gender” in future except reservation made for transgender in public life.
Exploited petitioner moved to Bombay HC after the rejection of her nomination. The reason for her rejection stated that the seat was reserved for the women-general category. The petitioner relied upon section 4(2) of the Transgender (Protection of Right) Act 2019 and relied upon the judgment delivered by SC in the issues of National Legal Services Authority vs. Union of India and others, AIR 2014 SC 1863: (2014) 5 SCC 438.
Petitioner counsel said this is for the first time that the petitioner opted for female gender identity for a lifetime for all purposes. The court held that no other candidate had any objection against the petitioner, it was the Returning Officer who rejected her form believing that the petitioner is neither male nor female and the seat is reserved for women general category.
The judgement was made in the favor of petitioner, accepting the nomination form and contesting Gram Panchayat election.