ELKAPALLI LATCHAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The vires of sub-section (3) of Section 19 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No. 13 of 1994), hereinafter referred to as 'the Act' for the sake of brevity, falls for consideration in this writ petition.

(2.) The fact of the matter lies in a very narrow compass. The petitioners have filed their nominations for contesting to the post of Sarpanch and their nominations have not been accepted on the ground that a person who is having more than two children is disqualified from contesting the election. The case of the petitioners is that the first petitioner was married in 1988 and he got three children and the second petitioner was married in 1986 and he had four children.

(3.) Mr. S. Ramachandra Rao, the learned Counsel appearing on behalf of the petitioners, submits that having regard to the fact that the persons having more than two children are entitled to contest the election to the Legislative Assemblies and Parliament, the restriction imposed in terms of sub-section (3) of Section 19 is unreasonable. The learned Counsel would contend that Clause (1) of Article 243-F providing for disqualification of membership and thus, sub-clause (b) Clause (1) of Section 243-F providing for disqualification of membership must be confined to sub-clause (a) and no law purported to have been made in terms of sub-clause (b) can impose a condition which is not provided for in terms of sub-clause (a).