Panchayat polls: Govt cites fake degrees to end edu qualification

JAIPUR: The state government is set to scrap minimum education qualification for panchayat elections and will buttress its case by citing 692 complaints of fake degrees used to contest the 2015 panchayat elections.

The government had in its first cabinet meeting decided to roll back the education qualification that was brought by the previous BJP government. It introduced The Rajasthan Panchayati Raj (Amendment) Bill, 2019 in the assembly last month and the bill will be discussed in the assembly next week.

Sources in the Panchayati Raj department said the 692 complaints were received between January 2015 and December 2018 and investigation is underway.

The maximum number of 48 cases of fake documents was received from Dausa district followed by Jaipur (39), Jalore (35), Jodhpur (33) and Bhilwara (30).

The official said that 13 posts of sarpanch remained vacant after the 2015 polls were held as suitable candidates could not be found. However when by-polls were held six months later, all the posts were filled.

In the 2015 elections, BJP won 3,019 of the 6,236 panchayat samitis while Congress won 2,533. Of the zila parishads, BJP won in 590 of 1,014 wards while the Congress won 395 wards.

An official with knowledge of the matter on condition of anonymity said the government is basing its decision on data regarding fake degree and the posts remaining vacant. The government argument is that one cannot be denied the right to contest elections on the basis of education qualification.

Congress spokesperson Archana Sharama said “The Congress is not against education but in our society there are still some sections that are illiterate. But we cannot deny them the right to contest polls.”

She said the BJP government had brought in the act suddenly without giving those interested in contesting elections a chance to get literate, adding that instead of making education qualifications mandatory for panchayat elections, the BJP should have started from MPS and MLAS and made education qualification mandatory for them.

However, the BJP says the move is politically motivated.

Former additional advocate general and BJP spokesperson KN Bhatt said the purpose of the amendment brought by the BJP was to encourage educated people to come into local self government.

“If some fake cases came to light, why do away with the entire law. In that case we should do away with laws on cheating, or dowry or domestic violence because these too are misused,” he contended.

He said the argument that no educational qualification should be mandated in elections to local bodies as there is none for MLAS and MPS doesn’t hold.

“MLAS and MPS are not executive posts. They do not have financial powers.

Sarpanchs, Zila Pramukhs and Pradhans are heads of office, they are drawing and disbursing authorities, they are required to sign cheques. Moreover they have to fill ACRS of officers and are appellate authorities in RTI cases. Minimum educational qualification for them is justified.”

Bhatt said the Supreme Court had in 2015 upheld a Haryana law making educational qualification mandatory for those wanting to contest panchayat elections. The court had also ruled that the right to vote and to contest election are not fundamental rights but constitutional rights.

Former Panchayati Raj minister Rajendra Rathore termed the Congress government decision regressive. “We had got a progressive law. If out of 9,000 sarpanchs, 10-12 posts remain vacant that does not make the law inequitable,” he said. “Congress is admitting that even after 70 years of literacy campaigns people can’t read even up to classes 5 and 8. They want to divide society into literate and illiterate.”

In 2015, the then BJP government had introduced minimum educational qualification in elections to Panchayat Raj institutions.