`Constitutionally valid’: Telangana HC upholds two-child norm for contesting local body elections
The Division Bench also referred to previous judgments of the High Court that had already upheld the same provision
By - Newsmeter Network
Telangana High Court (file photo)
Hyderabad: Telangana High Court has upheld the two-child norm for contesting local body elections, reaffirming that such restrictions are constitutionally valid and do not infringe upon fundamental rights.
A division bench of Chief Justice Aparesh Kumar Singh and Justice Ghouse Meera Mohiuddin dismissed a writ petition filed by Uppu Veeranna and another from Kandi Mandal, Sangareddy district, who had questioned the legality of Section 21(3) of the Telangana Panchayat Raj Act, 2018.
Petitioners challenge disqualification clause
The impugned section disqualifies individuals having more than two children from contesting Panchayat Raj (local body) elections. The petitioners argued that this clause violated the fundamental rights guaranteed under the Constitution.
Their counsel, Vijay Gopal, contended that, unlike the Haryana Panchayati Raj Act, which was approved by the President of India, the Telangana law had only received the Governor’s assent, and therefore lacked the constitutional backing required for such a restriction.
Court cites Supreme Court precedent
The Bench, however, rejected the argument and relied on the Supreme Court’s 2003 ruling in Javed vs. State of Haryana, which upheld a similar provision. The apex court had categorically stated that the right to contest elections is not a fundamental right but a statutory one, and reasonable disqualifications like the two-child norm serve public policy objectives.
“The disqualification does not infringe upon the right to equality or the right to practice a profession,” the Bench observed, endorsing the legislative intent behind promoting population control and responsible governance.
Earlier rulings reaffirmed
The Division Bench also referred to previous judgments of the High Court that had already upheld the same provision. It noted that the petition raised no fresh legal grounds to revisit the settled position of law.
Petition dismissed, law stands valid
Concluding that Section 21(3) of the Telangana Panchayat Raj Act, 2018, is constitutionally sound, the court dismissed the writ petition.
The judgment effectively reinforces the two-child norm as a valid criterion for candidates seeking to contest in Telangana’s Panchayat Raj elections, in line with the national legal precedent.
Background
The State Cabinet has decided to abolish the rule that disqualifies candidates with more than two children from contesting local body elections.
Information and Public Relations Minister Ponguleti Srinivasa Reddy said the move comes in response to representations from various sections of society who urged the Chief Minister and ministers to repeal the decades-old restriction.
The two-child norm, introduced in 1994 during the erstwhile Andhra Pradesh regime, had barred individuals with more than two children from contesting Gram Panchayat, Mandal Parishad (MPTC), and Zilla Parishad (ZPTC) elections.
