Can adoption override two-child norm? Gujarat high court to decide in disqualified panchayat member’s ‘third child’ case

AHMEDABAD: A dispute over parentage has landed a gram panchayat member from Aravalli district in the Gujarat high court. Shanaji Khant lost his post after records showed he had a third child, thereby violating the two-child norm under the Gujarat Panchayat Act. Claiming the child was adopted and not biologically his, he sought urgent judicial intervention with fresh elections looming.

Khant, elected unopposed in June 2025 as the Ward No 7 member of Netrodi village gram panchayat, was removed from office by the Bayad taluka development officer (TDO).


The disqualification order was passed under Section 30 of the Gujarat Panchayat Act after village birth and death records indicated that Khant had a third child, attracting the two-child rule that bars such individuals from holding panchayat office.

Challenging the decision, Khant approached the HC last week, contending that the allegation was baseless. He maintained that he had not fathered a third child but had adopted a girl from a relative who did not have the financial means to raise the child.

During the hearing, Justice Niral Mehta asked why Khant had not filed an appeal against the TDO's order. In response, the petitioner's advocate submitted that the election to the vacant post was scheduled in a couple of days, and Khant was left with no other alternative for a quick remedy.

The HC perused the documents, and the judge pointed out that the birth certificate also mentioned Khant's name as the child's father. On Khant's insistence that the child was adopted, the HC sought an adoption deed. However, Khant's advocate submitted that he was an illiterate person and might not be aware of the requirement for an adoption deed. He produced only the relative's affidavit.

Justice Mehta questioned the lawyer on how the HC could pass an order under Article 226 of the Constitution on disputed facts, as Khant did not produce an adoption deed and the child's birth certificate mentioned Khant's name as the father.

Khant's lawyer sought time to place relevant documents on record, and the HC posted further hearing on Tuesday.