R.C.LAHOTI, ASHOK BHAN, ARUN KUMAR
Javed – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
R.C. Lahoti, J.-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 Section 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-
xxxx xxxx xxxx
xxxx xxxx xxxx
(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)
Budhan Choudhary and Ors. v. The State of Bihar
The State of Madhya Pradesh v. G.C. Mandawar
N.P. Ponnuswami v. Returning Officer, Namakkal Constituency
Jagan Nath v. Jaswant Singh and Ors.
Jumuna Prasad Mukhariva and Ors. v. Lachhi Ram and Ors.
Sakhawat Ali v. The State of Orissa
Jyoti Basu and Ors. v. Debi Ghosal and Ors.
Mrs. Maneka Gandhi v. Union of India & Anr.
Air India v. Nergesh Meerza and Ors.
Dr. M. Ismail Faruqui and Ors. v. Union of India & Ors.
Sarla Mudgal (Smt.), President, Kalyani and Ors. v. Union of India and Ors.
Mohd. Ahmed Khan v. Shah Bano Begum and Ors.
The Bar Council of Uttar Pradesh v. The State of U.P. and Anr.
State of Tamil Nadu and Ors. v. Ananthi Ammal and Ors.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.