Hyderabad: The Telangana High Court has upheld the validity of the two‑child norm prescribed under Section 21(3) of the Telangana Panchayat Raj Act, ruling that contesting in local body elections is not a fundamental right.
The court clarified that restrictions on eligibility, such as the two‑child rule, do not violate fundamental rights related to profession or occupation.
Court dismisses petition
A division bench comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiyuddin made the observation while dismissing a petition filed by Uppu Veeranna and another resident of Kandi mandal in Sangareddy district.
The petitioners sought to strike down the provision that bars individuals with more than two children from contesting in local body elections, terming it unconstitutional.
Arguing for the petitioners, counsel contended that the rule was invalid as the government amended the provision through a gazette notification without obtaining the Governor’s assent.
Bench refers to SC ruling
After hearing the arguments, the bench referred to the Supreme Court ruling in Javed vs. State of Haryana, which held that such disqualifications do not infringe on fundamental rights.
Observing that the amendment had not received the Governor’s approval, the bench nonetheless concluded that the restriction was constitutionally valid and dismissed the petition.
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