Telangana High Court Upholds Two-Child Norm for Panchayat Elections

Court dismisses petition challenging Section 21(3) of Telangana Panchayat Raj Act, 2018 citing national interest and previous Supreme Court precedent.

In a significant ruling, the Telangana High Court has reaffirmed the validity of Section 21(3) of the Telangana Panchayat Raj Act, 2018, which disqualifies individuals with more than two children from contesting panchayat elections. This decision, delivered on October 30, 2025, dismisses the writ petition filed by Uppu Veeranna against the State of Telangana.

The bench, comprising Chief Justice Sri. Aparesh Kumar Singh and Justice Sri. G.M. Mohiuddin, examined the petitioner's claims that the provision violated Articles 14 and 19 of the Indian Constitution. The petitioners argued that the law was implemented without the President's assent, allegedly contravening Article 31C. However, the court found no merit in these contentions.

The court referenced the Supreme Court's decision in Javed v. State of Haryana, which upheld a similar provision in the Haryana Panchayat Raj Act, 1994. In that case, the Supreme Court determined that disqualifying candidates with more than two children did not infringe upon fundamental rights and was justified as a measure of national interest.

The Telangana High Court echoed these sentiments, asserting that the restriction does not infringe upon the right to equality (Article 14) or the right to freedom (Article 19), as there is no fundamental right to contest elections. It emphasized that the disqualification is conceptually devised in the national interest.

The court also addressed the petitioners' claim regarding the lack of Presidential assent. It clarified that the impugned provision did not violate Articles 14 or 19, and therefore, the requirement for the President's assent under Article 31C did not apply.

With these considerations, the court dismissed the writ petition, upholding the provision as a valid legislative measure aimed at promoting population control and ensuring effective governance.

The decision reinforces the legality of population control measures within the framework of electoral eligibility, aligning with broader national interests. This ruling is expected to have significant implications for similar legal challenges in other states.

Bottom Line:

Constitutional Law - Section 21(3) of the Telangana Panchayat Raj Act, 2018 restricting eligibility to contest Panchayat elections on grounds of having more than two children does not violate Articles 14 or 19 of the Constitution of India and is upheld as a disqualification conceptually devised in national interest.

Statutory provision(s): Articles 14, 19, and 31C of the Constitution of India; Section 21(3) of the Telangana Panchayat Raj Act, 2018.

Uppu Veeranna v. State of Telangana, (Telangana)(DB) : Law Finder Doc Id # 2803462