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2003 Supreme(SC) 675

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)


























































































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