- (1.) 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 Sections 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- xxx xxx xxx xxx xxx xxx (q) has more than two living children: Provided that a person having more than two children on or up to 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 elections; (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) In every case, the question whether a vacancy has arisen shall be decided by the Director. The Director may give its decision either on an application made to it by any person, or on its own motion. Until the Director decides that the vacancy, has arisen, the members shall not be disqualified under sub-section (1) from continuing to be a member. Any person aggrieved by the decision of the Director may, within a period of fifteen days from the date of such decision, appeal to the Government and the orders passed by Government in such appeal shall be final: Provided that no order shall be passed under this sub-section by the Director against any member without giving him a reasonable opportunity of being heard."
(3.) Act No. 11 of 1994 was enacted with various objectives based on past experience and in view of the shortcomings noticed in the implementation of preceding laws and also to bring the legislation in conformity with Part IX of the Constitution of India relating to 'The Panchayats' added by the Seventy-third Amendment. One of the objectives set out in the Statement of Objects and Reasons is to disqualify persons for election of Panchayats at each level, having more than 2 children after one year of the date of commencement of this Act, to popularize Family Welfare/Family Planning Programme (vide Clause (m) of Para 4 of SOR).;