Archive · 21 Jan 2026
Orissa High Court upholds 'two-child' rule for sarpanch
A woman named Sumati Xalxo was elected as a village leader (sarpanch) in Orissa, India.
However, she was disqualified because she has more than two children, including one adopted daughter.
She challenged this rule in court, but the Orissa High Court said that the law is clear and does not make an exception for adopted children.
The court also said that ignorance of the law is not an excuse.
Therefore, the court dismissed her petition, and she cannot hold the position of sarpanch.
Sumati Xalxo, a sarpanch in Sundargarh district, was disqualified for having more than two children, including an adopted daughter.
She filed a petition challenging the 'two-child' rule under the Orissa Gram Panchayat Act, 1964.
The Orissa High Court dismissed her petition, stating that excluding adopted children from the rule would amount to rewriting the law.
The court invoked the doctrine of ignorantia juris non excusat, meaning ignorance of the law is not an excuse.
The decision was made on January 19, upholding the existing law without exceptions for adopted children.
- Who
- Sumati Xalxo, a woman sarpanch in Sundargarh district, Orissa
- What
- Orissa High Court dismissed her petition challenging disqualification under the 'two-child' rule
- When
- January 19
- Where
- Orissa High Court
- Why
- For having more than two children, including one adopted girl child, after the statutory cut-off date
- Petitioner
- Sumati Xalxo
- Position
- Sarpanch
- Location
- Sundargarh district, Orissa
- Act
- Orissa Gram Panchayat Act, 1964
- Section
- Section 25(1)(v)
- Doctrine
- Ignorantia juris non excusat
- Decision Date
- January 19