The Haryana Government’s move to bring in educated people to run the democratic set-up at the grassroots level suffered a major setback on Friday with the Punjab & Haryana High Court staying the operation of a clause
that made basic education mandatory for contesting panchayat polls.
The Haryana Government had, a few days back, announced to set minimum educational qualification for contesting panchayat polls scheduled to be held soon.
The petition was filed by Hisar-resident Ved Wanti stating that there was no mention of minimum educational qualification for contesting panchayat polls
either in the Constitution of India or the Haryana Panchayati Raj Act, 1994.
The petition stated that Part IX of the Constitution deals with the panchayats and its elections. Minimum educational qualification for a candidate for the post of Sarpanch, Panch, or member of Block Samiti or Zila Parishad was neither prescribed under Part IX of the Constitution, nor under the Haryana Panchayati Raj Act, 1994, it added.
The counsel for the petitioner contended that no survey was conducted to ascertain “as to what percentage of the population in the State of Haryana was matriculate or middle pass”, before promulgating Haryana Panchayati Raj (Amendment) Ordinance, 2015, and inserting Clause (v) in Section 175 of the Haryana Panchayati Raj Act, 1994.
The counsel argued that in the absence of any such material, majority of the persons of the State, who are below matriculate or middle pass, have been deprived of their right to contest the elections of Sarpanch, Panch, Member of Block Samiti and Zila Parishad, which violated their right of equal opportunity under Article 14 of the Constitution to contest the elections, and denies the political justice to them, as enshrined in Preamble of the Constitution.
Taking up the petition, Justice Satish Kumar Mittal issued notice to the State of Haryana and another respondent for August 28 and stayed the operation of Clause (v) of Section 175 of the Haryana Panchayati Raj Act, 1994, inserted vide the Haryana Panchayati Raj (Amendment) Ordinance, 2015 till the next date of hearing.