More than two child to bar candidates from contesting panchayat, sarpanch polls: Supreme Court

The apex court said that even if a child/children are given up for adoption, the rule will still be applicable and render that candidate ineligible.

The decision was passed by a bench comprising Chief Justice of India (CJI) Ranjan Gogoi and Justices SK Kaul and KM Joseph.

"The legislative intent is to restrict the number of births in a family and not on the basis of benefit available under the Hindu Adoption and Maintenance Act in regulating the number of children by giving the excess children in adoption," the bench said.

The top court was hearing a petition by Minasingh Majhi, who sought to challenge the Orissa High Court's decision to disqualify his candidature from the Panchayat in the states's Nuapada district.

The court disqualified him after the birth of his third child in 2002.

In Majhi's defence, his counsel Puneet Jain said that he had already given his first born for adoption and hence had only two children.

However, the court said: "We do not know whether the intended to make panchayat members and sarpanchs the role model for entire India by fastening the two-child norm on them. But the legislative intent appears clear that it wanted to put a cap on the number of children at two for those holding elected posts in panchayats."