Persons having more than two children disqualified as candidates in Panchayat Election

Karthik.T | Sastra Deemed University Thanjavur | 20th July 2020

Javed Vs State Of Haryana

FACTS:

The fact of this case is the petitioner challenged the validity of section 175(1)(g) of the Haryana Panchayati Raj Act 1994 on the ground that it was violative of Article 14 of the Indian Constitution. Section 175(1)(g) disqualifies a person who has more than two children from contesting the election for Sarpanch or Panch in gram panchayat but does not apply to the offices in other institutions of local self-governments or the state legislature or the parliament. Which is discriminatory. If a law is imposed means that it should be equal to everyone so it is violative of Article 14 of the Indian constitution. So the petitioner prays that section 175(1)(g) is violative of Article 14 of the Indian Constitution hence struck down it.

ISSUES:

Whether section 175(1)(g) is violative to Article 14 of the Indian Constitution.

LEGAL PROVISIONS:

1. Article 14 of the Indian Constitution.
2. Section 175(1)(g) of the Haryana Panchayati Raj Act 1944.

PETITIONER CONTENTION:

The petitioner contended that the law imposed by the state of Haryana by an Act Called the Haryana Panchayati Raj Act 1944 is violative to Article 14 of the Indian Constitution as it is arbitrary because it restricted to only to the people who have two children and who are contesting in the election of Sarpanch or Panch only and not for any other person contesting in other types of election and it also not applicable to government servants hence struck down this section.

OBSERVATION MADE BY THE COURT:

The court observed that the provision is not discriminatory and the classification made by it is based on intelligible differentia having nexus with the object of popularisation of family planning program. A person having more than two children and persons not having more than two children from two different classes the provision seeks to achieve a laudable purpose- socio-economic welfare and health care of the masses and his consistency with the national population policy. Article 243G provides that Gram panchayat has the right to implied the scheme on its own and they can make the rules out of it. So it is not violative

JUDGMENT:

The court held that section175(1)(g) of the Haryana Panjayathi Raj Act 1944 is not violative of the Indian Constitution and hence it is valid.