Refusing to put a stay on the Haryana Panchayati Raj (Amendment) Bill, 2015, Punjab and Haryana High Court has paved the way for Haryana to go in for Panchayat polls next month. Displaying its preference not to intervene in the poll process once the election process has been started in the state, High Court made it clear that the results of the Panchayat Elections would be subject to the outcome of the writ petition.
The Haryana Panchati Raj (Amendment) Bill, 2015, prescribing educational qualification for the candidates, is challenged by Ved Wanti of Hisar district. The petitioner has challenged the insertion of those clauses in the Panchayati Raj Act that prescribe educational qualification for the candidates to contest Panchayat polls.
Defending the move of the Haryana Government of introducing educational code for candidates to contest Panchayat Elections, counsel for the state submitted in the court that a literate could contribute in a better way in the development of his area. As such, it was necessary to prescribe educational qualification for the candidates in Panchayat polls. Making education compulsory would improve the quality of governance in the Panchayati Raj institutions; and it will enable the elected representatives to be more accountable.
Disputing the submissions of the state, the counsel for the petitioner said that the decision has rendered most of the 50+ age people to be ineligible for contesting Panchayat Elections.
Haryana Vidhan Sabha on Sept. 7, 2015 had passed the Haryana Panchayati Raj (Amendment) Bill, 2015. The new bill has added certain pre-conditions for the candidates to contest Panchayati polls.
Before this Haryana Government had tried to introduce educational code by bringing an ordinance but that was blocked by the High Court when it put a stay on certain clause of the Panchayati Raj Act.