AIR 2016 SUPREME COURT 33 ::2016 (2) SCC 445 ::(2016) 1 RecCivR 371 ::(2015) 13 Scale 424(2) ::(2016) 1 All WC 775 ::(2016) 1 Mad LJ 351 ::(2016) 1 JLJR 313 ::2016 (1) KLT SN 57.2 (SC) ::(2016) 1 Pat LJR 466 ::(2016) 1 Guj LH 580

Supreme Court Of India

Hon'ble Judge(s): J. Chelameswar, Abhay Manohar Sapre , JJ

(A) Constitution of India , Art.14, Art.243F— Haryana Panchayati Raj Act (11 of 1994) , S.175(1)(u)— (as inserted by Amendment Act 8 of 2015) - Panchayat Election - Disqualification from contesting - Amended clause (u) prescribing minimum educational qualifications of matriculation disqualifies large number of persons - However, creates classification which is relevant for better administration of Panchayats - Classification is based on intelligible differentia - Numerical dimension of such classes, immaterial - Clause (u) is constitutionally valid. Per Chelameswar, J. Clause (u) inserted by 2015 amendment prescribes a minimum educational qualification of matriculation for anybody seeking to contest an election to any one of the offices mentioned in the opening clause of Section 175(1). However, the minimum educational qualification is lowered insofar as candidates belonging to scheduled castes and women are concerned to that of 'middle pass' whereas a further relaxation is granted in favour of the scheduled caste woman insofar as they seek to contest for the office of Panch. It is argued that stipulation of minimum educational qualification would have the effect of disqualifying more than 50% of persons who would have otherwise been qualified to contest elections to Panchayats under the law prior to the impugned Act. It is further submitted t....