Requirement of Minimum Qualification for Contesting Election is not Unconstitutional; SC [Read Judgment]
9 years, 3 months ago

Requirement of Minimum Qualification for Contesting Election is not Unconstitutional; SC [Read Judgment]

Live Law  

A two Judge Bench of the Supreme Court of India Today upheld the validity of Haryana Panchayati Raj Act, 2015, which interalia introduced the minimum educational qualification for candidates to contest the panchayat elections.The Bench consisting of Justice Chelameswar and A.M.Sapre held that both the rights namely "Right to Vote" and "Right to Contest" are. A two Judge Bench of the Supreme Court of India Today upheld the validity of Haryana Panchayati Raj Act, 2015, which interalia introduced the minimum educational qualification for candidates to contest the panchayat elections. Regarding the vires of Section 175 of the Act which provides that candidate must possess certain minimum educational qualification if he/she wants to contest an election, it is held that Prescription of an educational qualification is not irrelevant for better administration of the PANCHAYATS. The 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.

Supreme Court Constitution Election Contest Right Act Bench Justice Chelameswar Chelameswar Minimum Qualification  requirement  contesting  act  bench  unconstitutional  rights  court  contest  educational  read  persons  judgment  sc  right  minimum  qualification  election

History of this topic

Supreme Court: Right To Education Under Article 21A Envisages That Teachers Must Be Meritorious & The Best Of The Lot
4 years, 4 months ago

Supreme Court: Right To Education Under Article 21A Envisages That Teachers Must Be Meritorious & The Best Of The Lot

Live Law  

Right to education guaranteed in terms of Article 21A of the Constitution would envisage quality education being imparted to the children which in turn, would signify that the teachers must be meritorious and the best of the lot, the Supreme Court observed while dismissing the appeals filed by Uttar Pradesh Shiksha Mitra Association in a case related to the recruitment …

Reserved Seats: Mandatory To Submit Caste Validity Certificate Within 12 Months Of Election, Failure Will Result In Retrospective Termination: Bombay HC (FB)
5 years, 5 months ago

Reserved Seats: Mandatory To Submit Caste Validity Certificate Within 12 Months Of Election, Failure Will Result In Retrospective Termination: Bombay HC (FB)

Live Law  

A full bench of the Bombay High Court declared that it is mandatory for a candidate contesting from a reserved seat to produce a caste validity certificate within 12 months of the date of election and failure to do so would lead to retrospective termination. While S.10-1A dealt with "Person contesting election for reserved seat to submit Caste Certificate and …

Rajasthan: How Congress govt exposed their own legacy of mis-governance by changing an election related rule
6 years, 3 months ago

Rajasthan: How Congress govt exposed their own legacy of mis-governance by changing an election related rule

Op India  

The newly elected Congress government in Rajasthan has abolished the criterion of a minimum educational qualification to contest local body elections introduced by the previous Vasundhara Raje-led BJP government. In the run-up to the just concluded state assembly elections, the Congress in its Rajasthan poll manifesto had promised to do away with the condition of minimum educational qualification for contesting …

Prohibiting Candidates From Contesting From More Than One Constituency Might Infringe Their Rights: Centre Tells SC
6 years, 8 months ago

Prohibiting Candidates From Contesting From More Than One Constituency Might Infringe Their Rights: Centre Tells SC

Live Law  

The Centre has sought dismissal of a plea seeking directions to restrict candidates from contesting from two constituencies simultaneously, asserting that any change in the law “may cause infringement of the rights of the candidates contesting elections as well as curtail choice of candidates to the polity”.The affidavit has been filed in response to a petition filed by BJP leader. …

Prohibiting Candidates From Contesting From More Than One Constituency Might Infringe Their Rights: Centre Tells SC
6 years, 8 months ago

Prohibiting Candidates From Contesting From More Than One Constituency Might Infringe Their Rights: Centre Tells SC

Live Law  

The Centre has sought dismissal of a plea seeking directions to restrict candidates from contesting from two constituencies simultaneously, asserting that any change in the law “may cause infringement of the rights of the candidates contesting elections as well as curtail choice of candidates to the polity”.The affidavit has been filed in response to a petition filed by BJP leader. …

Purpose Of S.8(3) Of Representation Of People Act To Keep Away Convicts From Contesting Elections: Bombay HC [Read Order]
8 years, 2 months ago

Purpose Of S.8(3) Of Representation Of People Act To Keep Away Convicts From Contesting Elections: Bombay HC [Read Order]

Live Law  

A single bench of the Bombay High Court has held that the object of the legislature in enacting Section 8 of the Representation of People Act was to keep away convicts from contesting elections.Justice AM Badar rejected an application seeking a stay on the conviction of the applicant under S. 307 of the IPC by the sessions court in Pune. …

Every Voter Has A Fundamental Right To Know The Educational Qualification Of A Candidate: SC [Read Judgment]
8 years, 5 months ago

Every Voter Has A Fundamental Right To Know The Educational Qualification Of A Candidate: SC [Read Judgment]

Live Law  

The apex court has held that every voter has a fundamental right to know the educational qualifications of a candidate. A bench of Justice Anil Dave and Justice L Nageshwar Rao dismissed the appeals filed by Mairembam Prithviraj Singh and Pukhrem Sharatchandra Singh. In view of the above fact, the bench also held that in a case like this, where …

Every Voter Has A Fundamental Right To Know The Educational Qualification Of A Candidate: SC [Read Judgment]
8 years, 5 months ago

Every Voter Has A Fundamental Right To Know The Educational Qualification Of A Candidate: SC [Read Judgment]

Live Law  

The apex court has held that every voter has a fundamental right to know the educational qualifications of a candidate. A bench of Justice Anil Dave and Justice L Nageshwar Rao dismissed the appeals filed by Mairembam Prithviraj Singh and Pukhrem Sharatchandra Singh. In view of the above fact, the bench also held that in a case like this, where …

Plea Seeking Qualification & Age Limit For Candidates In Election: Delhi HC Isssues Notice [Read Petition]
8 years, 6 months ago

Plea Seeking Qualification & Age Limit For Candidates In Election: Delhi HC Isssues Notice [Read Petition]

Live Law  

The petition challenges the vires of sections 8 and 9 of the Representation of the People Act, 1951, as these restrict the disqualification period to six years only and allow a convicted person to contest parliamentary and state Assembly elections and are, thus, inconsistent with Article 14 of the Constitution. The petition, filed by advocate Ashwini Kumar Upadhyay, challenged the …

A disaster for democracy
9 years, 3 months ago

A disaster for democracy

The Hindu  

THE recent Supreme Court ruling in Rajbala and Others vs the State of Haryana, by a two-judge bench of Justices J. Chelameswar and Abhay Manohar Sapre, must rank as one of the most retrograde judgments in the history of that august court. The case was brought against the Bharatiya Janata Party-run government of Haryana, which recently passed a law in …

Supreme Court's approval to new qualifications for Panchayat Contestants raises disturbing questions, say Activists
9 years, 3 months ago

Supreme Court's approval to new qualifications for Panchayat Contestants raises disturbing questions, say Activists

Live Law  

International Human Rights Day this year witnessed the highest Court of the country pronouncing a judgment that is being condemned as a blow to a most basic civil right, the right to vote and contest elections.The Bench, comprising Justice J. Chelameswar and Justice A.M. Sapre upheld the validity of Haryana Panchayati Raj Act, 2015, which interalia introduced. International Human Rights …

Supreme Court's approval to new qualifications for Panchayat Contestants raises disturbing questions, say Activists
9 years, 3 months ago

Supreme Court's approval to new qualifications for Panchayat Contestants raises disturbing questions, say Activists

Live Law  

International Human Rights Day this year witnessed the highest Court of the country pronouncing a judgment that is being condemned as a blow to a most basic civil right, the right to vote and contest elections.The Bench, comprising Justice J. Chelameswar and Justice A.M. Sapre upheld the validity of Haryana Panchayati Raj Act, 2015, which interalia introduced. International Human Rights …

Questions aplenty on Haryana panchayat poll law
9 years, 3 months ago

Questions aplenty on Haryana panchayat poll law

The Hindu  

The Supreme Court judgment upholding the new Haryana panchayat law, which limits the voter’s freedom to choose his own candidate in a participatory democracy, offers limited and unidimensional explanations to questions and issues raised by parties in court. The judgment by a Bench led by Justice J. Chelameswar does not explain why it considers disqualifications in Section 175 of the …

Requirement of Minimum Qualification for Contesting Election is not Unconstitutional; SC [Read Judgment]
9 years, 3 months ago

Requirement of Minimum Qualification for Contesting Election is not Unconstitutional; SC [Read Judgment]

Live Law  

A two Judge Bench of the Supreme Court of India Today upheld the validity of Haryana Panchayati Raj Act, 2015, which interalia introduced the minimum educational qualification for candidates to contest the panchayat elections.The Bench consisting of Justice Chelameswar and A.M.Sapre held that both the rights namely "Right to Vote" and "Right to Contest" are. A two Judge Bench of …

Supreme Court upholds Haryana panchayat law
9 years, 3 months ago

Supreme Court upholds Haryana panchayat law

The Hindu  

In what may be a precedent preventing illiterate persons from participating in grass roots democracy, the Supreme Court on Thursday upheld a Haryana State law mandating that only those having “minimum” educational qualifications will be eligible to contest panchayat elections in the State. The verdict by a Bench of Justices J. Chelameswar and Abhay Manohar Sapre agrees that the Haryana …

Haryana and Beyond: Right to Contest in Elections
9 years, 4 months ago

Haryana and Beyond: Right to Contest in Elections

Live Law  

An amendment to the Haryana Panchayati Raj Institutions Act resulted to unwarranted controversy and is now challenged before the Supreme Court of India. The impugned amendment prescribes qualifications for contesting in elections to the local self governments and also holding positions.The Constitution of India directs the Government to take steps to organise village panchayats and also. This can be substantiated …

SC to decide on validity of Haryana Panchayat Poll Edu-qualification rules; orders deferment of Election
9 years, 6 months ago

SC to decide on validity of Haryana Panchayat Poll Edu-qualification rules; orders deferment of Election

Live Law  

The standoff between the Haryana government and the Supreme Court over minimum educational qualification criteria fixed by the state for people contesting panchayat election took a new twist with the apex court on Tuesday directing deferment of the polls till it decided on the constitutional validity of the law.Admitting a PIL challenging the rule, a bench headed by Justice J …

Haryana panchayat polls: Hearing on stay in apex court put off to Tuesday
9 years, 6 months ago

Haryana panchayat polls: Hearing on stay in apex court put off to Tuesday

Hindustan Times  

The Supreme Court on Monday put off the hearing for a day on an interim application filed by the Haryana government, seeking vacation of stay on recent amendments in the panchayati raj law, including making educational qualification mandatory to contest elections to panchayati raj institutions. The apex court asked Haryana’s counsel to get instructions from the state government if the …

Haryana panchayat polls: Hearing on stay in apex court put off to Tuesday
9 years, 6 months ago

Haryana panchayat polls: Hearing on stay in apex court put off to Tuesday

Hindustan Times  

The Supreme Court on Monday put off the hearing for a day on an interim application filed by the Haryana government, seeking vacation of stay on recent amendments in the panchayati raj law, including making educational qualification mandatory to contest elections to panchayati raj institutions. After hearing the arguments, the Supreme Court bench of Justice J Chelameswar and Justice AM …

Panchayat polls: SC refuses to entertain PILs against Rajasthan ordinance
10 years, 2 months ago

Panchayat polls: SC refuses to entertain PILs against Rajasthan ordinance

Live Mint  

New Delhi: The Supreme Court on Monday refused to entertain petitions challenging an ordinance recently passed by the Rajasthan government mandating varied educational qualification for candidates to contest elections at different level of panchayats, saying that high court was the forum for addressing these issues. Sikri and R.K. Agrawal, asked PIL petitioners including social activist Aruna Roy and a sarpanch …

Jailed politicians can contest elections as Parliament amended law: Supreme Court
11 years, 4 months ago

Jailed politicians can contest elections as Parliament amended law: Supreme Court

India TV News  

New Delhi: The Supreme Court yesterday dismissed Centre's plea seeking review of its judgment debarring arrested persons from contesting polls, saying it is not necessary to look into the issue in view of amendment in law by Parliament. The apex court, however, said that the issue of constitutional validity of the amendment will be considered separately after an NGO Lok …

Discover Related