THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE G.M.MOHIUDDIN Writ Petition (PIL) No.4 of 2025

Order

:

Heard Mr. G.Narender Reddy, learned counsel for the petitioner; Ms. Shazia Parveen, learned Government Pleader for Panchayat Raj appearing for respondents No.2 and 5 and Mr. P.Sudheer Rao, learned Standing Counsel for Telangana State Election Commission appearing for respondent No.7.

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2. The of Section 21(3) of the Telangana Panchayat Raj Act, 2018 (hereinafter referred to as ‘the Act of 2018’), which restricts the eligibility of a person to contest elections to the panchayat on grounds of having more than two children, has once again been challenged in the present Writ Petition though this issue had drawn the attention of this Court in W.P.Nos.22842 and 22991 of 2024 order dated 05.09.2024 and further in W.P(PIL)(SR).No.6578 of 2025 order dated 03.03.2025 following the ratio rendered by the Apex Court in Javed v. State of Haryana, (2003) 8 SCC 369 on a similar legislation by the State of Haryana being Haryana Panchayat Raj Act, 1994.

3. The Apex Court in the case of Javed (supra) at page No.59, categorically held that there is no fundamental right to any person to stand as a candidate for election to the Municipality. The impugned disqualification does not violate the fundamental right to practice any profession or carry any occupation, trade or business. The Apex Court further observed that disqualification on the right to contest an election by having more than two living children does not contravene any fundamental right nor it crosses the limits of reasonability. Rather, it is a disqualification conceptually devised in national interest. Therefore, the plea raised on behalf of the petitioner to once again question the of Section 21(3) of the Act of 2018, has to fail in view of the pronouncements of the Apex Court and followed by the Coordinate Bench of this Court.

4. Accordingly, the Writ Petition, being devoid of merit, is dismissed. However, there shall be no order as to costs.

Miscellaneous applications pending, if any, shall stand closed.

APARESH KUMAR SINGH, CJ G.M.MOHIUDDIN, J Date: 03.11.2025

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