AMARJEET CHAUDHARY, A.C.J.

1. This order will dispose of Civil Writ Petition Nos. 11439, 457, 3575, 7664, 8984, 9011, 9110, 9122, 9334, 10536, 10784, 11668, 11791, 12140, 12313, 12475, 13088, 13754, 13877 and 14766 of 1997 as common questions of fact and law are involved in the same.

2. In all these cases, the petitioners have challenged the constitutional validity of S. 175 (1) (q) of the Haryana Panchayati Raj Act, 1994 as it impinges upon ones right to life and liberty and also violates Article 14 of the Constitution of India. The relevant provisions are reproduced as under :-

"175. Disqualifications (1) No person shall be a Sarpanch, Up-Sarpanch or a Panch of a Gram Panchayat or a member of a Panchayat Samiti or Zila Parishad or continue as such who;(a) to (p) xx xx xx(q) has more than two living children :Provided that a person having more than two children on or upto the expiry of one year of the commencement of this Act, shall not be deemed to be disqualified.

3 Section 175 (1) (q) of the Act restricts the number of children which a person can have. A person can have any number of children and he should incur no disqualification on this score if he has any number of