Coming now to the question of constitutional
validity of Section 175 (1)(v) of the Act which provides
that candidate must possess certain minimum
educational qualification if he/she wants to contest
an election. In my opinion, introduction of such
provision prescribing certain minimum educational
qualification criteria as one of the qualifications for a
candidate to contest the election has a reasonable
nexus with the object sought to be achieved.
8. In fact, keeping in view the powers, authority and
the responsibilities of Panchayats as specified in
Article 243-G so also the powers given to Panchayat
to impose taxes and utilization of funds of the
Panchayats as specified in Article 243-H, it is
necessary that the elected representative must have
some educational background to enable him/her to
effectively carry out the functions assigned
Panchyats in Part IX. It is the legislative wisdom to
decide as to what should be the minimum
qualifications, which should be provided in the Act.
No one can dispute that education is must for
both men and women as both together make a healthy
and educated society. It is an essential tool for a
bright future and plays an important role in the
development and progress of the country.
In my view, therefore, Section 175 (v) of the Act is
intra vires the Constitution and is thus
constitutionally valid.
Reportable
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 671 OF 2015
Rajbala & Others … Petitioners
Versus
State of Haryana & Others … Respondents
Dated;December 10, 2015.
