Haryana Panchayati Raj Act, 1994 [As amended by Haryana Panchayati Raj (Amendment) Act, 2015]: s.175(1)(t) and (u) [As inserted by Haryana Panchayati Raj (Amendment) Act, 2015] - Constitutional validity of - Held: Clauses (t) and (u) of s.175(1) are intravires the Constitution — Indebtedness/ insolvency is recognized as a factor which is incompatible in certain circumstances with the right to hold an elected office under the Constitution as is evident from Articles 102(1)(c), 191(1)(c), 58(1)(c) and 66 (1)(c) of the Constitution - Insolvency is a field over which both the Parliament as well as the State Legislatures have legislative competence concurrently to make laws as it is one of the topics indicated under Entry 9, List Ill of the Seventh Schedule to the Constitution - Constitution of india, 1950 -— Arts.58(1)(c) and 66 (1)(c), 102 (1)(c) and 191(1)(c); VII Schedule, List ill, Entry 9.

8.175(1)(v) [As inserted by Haryana Panchayati Raj (Amendment) Act 2015] - Constitutional validity of —- Held: The impugned provision creates two classes by virtue of educational qualification — The object of such classification is to ensure that the members of Panchayat have basic education enabling them to discharge various duties — The object sought to be achieved cannot be said to be irrational or illegal or unconnected with the scheme and purpose of the Act or the provisions of Part IX of the Constitution — Thus the classification is based on intelligible differentia, is reasonable and has a reasonable nexus with the object sought to be achieved — Hence ihe same is constitutional - Constitution of india, 1950—Art. 14 and Part IX. s.175(1)(w) [As inserted by Haryana Panchayati Raj (Amendment) Act, 2015] — Constitutional validity of — Held: Disqualifying a person from contesting Panchayat election, if such person has no functional toilet at residence, cannot be said to be unconstitutional — Stipulation by legislature that those who are not following basic norms of hygiene are ineligible to become administrators of civic body, such a policy can neither be said to create a class based on intelligible criteria nor can such classification be said to be unconnected with the object sought to be achieved by the Act ~ Constitution of India, 1950 — Art. 14 and Part Ix. Election Laws:

Right to vote — Nature of — Held: Right to vote is a constitutional right— It is not a statutory right pure and simple.

Right to contest election — Every person entitled to be a voter by virtue of declaration u/Art. 326 is not automatically entitled to contest in any of the elections — Certain further restrictions are imposed on a voter's right to contest elections ~ Constitution of India, 1950 ~ Arts, 326, 84, 173, 102 and 197,

‘Right to vote’ and ‘right to contest’ an election to a Panchayat — Nature of ~ Held: Such rights are constitutional rights subsequent to introduction of Part IX of the Constitution — Both the rights can be curtailed/ regulated by the appropriate legislature directly. Right to vote and right to contest elections — Distinction between — Discussed.

Constitution of India, 1950:

Arts. 84, 173, 102 and 191 — ‘Qualifications’ and ‘Disqualifications’ for membership of ‘Parliament’ and ‘State Legislature’ — Distinction between — Held: There is no legal distinction between the two expressions.

Part IX, Art.243B, 243F ~ Right to contest a Panchayat election — Qualifications and Disqualifications for — Held: Part IX of the Consititution is silent about ‘qualification’ required for a candidate for election to Panchayat — Constitution only prescribes ‘disqualifications’ for membership of Panchayats — ‘Qualifications’ and ‘Disqualifications relevant for membership of the Legislature are equally applicable to the membership of Panchayats.

Judicial Review ~ Examination of constitutional validity of legislation — Power of Supreme Court — Held: It is not permissible for the Court to declare a statute unconstitutional on the ground of its arbitrariness — Courts do not examine the wisdom of legislative choices unless the legislation is otherwise violative of some specific provision of the Constitution.

Doctrine — Doctrine of due process - Applicability of, under Constitution of India.

Words and Phrases:

‘Qualification’ and ‘Disqualification’ —- Meaning of, in the context of Arts. 84, 173, 102 and 191 of the Constitution of India, 1950.

‘Insolvent’— Meaning of, in the context of election law.