R.C.LAHOTI, ASHOK BHAN, ARUN KUMAR
Javed – Appellant
Versus
State of Haryana – Respondent
Lahoti, J. -- 1. Leave granted in all the Special Leave Petitions.
2. In this batch of writ petitions and appeals the core issue is the vires of the provisions of sections 175(1) (q) and 177(1) of the Haryana Panchayati Raj Act, 1994 (Act No. 11 of 1994) (hereinafter referred to as the Act, for short). The relevant provisions are extracted and reproduced hereunder :
"175. (1) No person shall be a Sarpanch or a Panch of a Gram Panchayat or a member of a Panchayat Samiti or Zila Parishad or continue as such who --
** ** **
(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;
"177(1) If any member of a Gram Panchayat, Panchayat Samiti or Zila Parishad - (a) who is elected, as such, was subject to any• of the disqualifications mentioned in section 175 at time of his election;
(b) during the term for which he has been elected, incurs any of the disqualifications mentioned in section 175,
shall be disqualified from continuing to be a member and his office shall become vacant.
(2) In every case, the question whether a vacancy has
1. Budhan Choudhry v. State of Bihar = (1955)1 SCR 1045.
2. Pannalal Bansilal Pitti v. State of A.P. = (1996) 2 SCC 498
3. N.P. Ponnuswami v. Returning Officer
4. lagan Nath v. Jaswant Singh = 1954 SCR 892
5. Jyoti Basu v. Debi Glzosal = (1982) 1 SCC 691
6. Jumuna Prasad Mukhariya v. Lachhi Ram = (1955) 1 SCR 608
8. Mrs. Maneka Gandhi v. Union of India = (1978) 1 SCC 248
9. Kasturi Lal Lakshmi Reddy v. State of Jammu and Kashmir = (1980) 4 SCC 1
10. Air India v. Nergesh Meerza = [(1981) 4 SCC 335].
11. Dr. M. Ismail Faruqui v. Union of India = [(1994) 6 SCC 360].
12. Smt. Sarla Mudgal President, Kalyani v. Union of India = [(1995) 3 SCC 635]
13. Mohd. Ahmed Khan v. Shah Bano Begum = [1985 JLJ 489
18. Ram Prasad Seth v. State of Uttar Pradesh = (AIR 1961 All. 334)
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