Haryana govt ordinance challenged on more counts

CHANDIGARH: Days after the Punjab and Haryana high court stayed the condition of minimum educational qualification fixed by the Haryana government, a civil rights group has challenged other conditions of August 14 ordinance promulgated by the state government for the candidates of Panchayati Raj Institutions (PRIs).

The high court bench of justice SK Mittal and justice MS Chauhan on Monday sought response from the government on the petition filed by People’s Union for Civil Liberties, a nongovernment organisation by September 14 whereby all conditions in the ordinance have been challenged.

Apart from fixing the minimum educational qualifications for PRI candidates at 8th standard for scheduled caste (SC) candidates and women and 10th standard for general category candidates, another condition imposed by the government was having a toilet at home. Besides,

HIGH COURT HAS ALREADY STAYED THE CONDITION OF MINIMUM EDUCATIONAL QUALIFICATION FOR CONTESTANTS

the government has barred the chargesheeted persons and those who have not cleared their electricity dues etc.

The ordinance, Haryana Panchayati Raj (Amendment) Ordinance, 2015, incorporating these changes was promulgated by the government on August 14 in section 175 of the Haryana Panchayati Raj Act, 1994.

“Government had brought these changes without holding any debate on it in the public domain or discussing it in the state assembly which was against democracy,” the petitioner has submitted further arguing that there was no emergency for this ordinance.

“Government is not justified in notifying the impugned ordinance disqualifying a majority of voters from the panchayat elections, without there being any data or statistical backing for the same, necessitating such action,” the petitioner has argued further stating that the conditions like barring chargesheeted persons or those having arrears or not having functional toilets were not there for the candidates for municipal institutions, legislative assemblies and member of Parliament. “Ordinance is violative of Article 19 of the Constitution of India. Right to contest election is a fundamental right and is in exercise of the right to freedom of speech and expression as guaranteed under Article 19 ( 1) ( a) of the Constitution,” the petitioner has submitted.

It was on August 21 that high court had stayed recently promulgated condition in ordinance by the Haryana government fixing educational qualification for elections for the posts of panches, sarpanches and Zila Parishad members on the petition of a Hisar resident.