JAVED AND ORS. versus STATE OF HARYANA AND ORS.

JAVED AND ORS. versus STATE OF HARYANA AND ORS.

Sections 175(1)(q) and 177(1) of Haryana Panchayati Raj Act, 1994, disqualifying persons having more than two living children from contesting or holding elective office in Panchayats, are constitutionally valid. The provisions serve a laudable purpose aligned with national population policy and public interest, do not violate Articles 14, 21, or 25, and the classification is intelligible and rational. The right to contest elections is statutory and subject to reasonable restrictions.

Parties
Appellants: Javed and Ors.; Respondents: State of Haryana and Ors.
Jurisdiction
India
Judgment Date
30 July 2003
Procedural Posture
Writ Petitions and Civil Appeals Arising Out of Slps / Final Decision
Outcome
petitions and appeals dismissed
Legal Topics
Constitutional Validity, Disqualification of Candidates, Family Planning Policy, Right to Contest Election, Religious Freedom
Constitutional Law Local Self Governance Election Law Constitutional Validity Disqualification of Candidates Family Planning Policy Right to Contest Election Religious Freedom

Case Brief

Summary, issues, holding and outcome

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Parties

Javed and Ors.

Appellants

State of Haryana and Ors.

Respondents

Procedural Posture

Writ Petitions and Civil Appeals Arising Out of Slps / Final Decision

Legal Issues

  1. 1 Whether Sections 175(1)(q) and 177(1) of Haryana Panchayati Raj Act, 1994, disqualifying persons having more than two children from contesting for or holding elective office in Panchayats, are constitutionally valid
  2. 2 Whether these provisions are violative of Articles 14, 21, and 25 of the Constitution of India

Ratio Decidendi

Sections 175(1)(q) and 177(1) of Haryana Panchayati Raj Act, 1994, disqualifying persons having more than two living children from contesting or holding elective office in Panchayats, are constitutionally valid. The provisions serve a laudable purpose aligned with national population policy and public interest, do not violate Articles 14, 21, or 25, and the classification is intelligible and rational. The right to contest elections is statutory and subject to reasonable restrictions.

Court Disposition

petitions and appeals dismissed

Orders

  • All writ petitions and civil appeals arising out of SLPs are dismissed.
  • Proceedings under Section 177(2) of Haryana Panchayati Raj Act are to be concluded at the stage which they were, except where already concluded.