The High Court of Rajasthan in this writ petition addressed the petitioner's prayer for a direction to the Legislature to make graduation a mandatory educational qualification for election candidates. Relying on settled principles that courts cannot direct the legislature to frame laws in a specific manner, the court dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition No. 14697/2021
Abdul Mannan S/o Abdul Qayyoom, Aged About 26 Years, Mayor Palace, Bye Pass Road, Makrana (Nagaur), Rajasthan.
----Petitioner
Versus
----Respondents
Petitioner(s) : Mr. Adbul Mannan, petitioner present in person. For Respondent(s) : ---
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
(2 of 3)
[CW-14697/2021]
25/10/2021
The petitioner has prayed for the following reliefs:-
“It is most respectfully prayed that this Hon’ble Court may be pleased to issue a writ, order or direction or a writ in the nature of mandamus or an appropriate writ to the Respondents to make mandatory direction to fix minimum educational qualification as graduation (Bachelor Degree) as well as to insert the provision of minimum educational qualifications as graduation for the (MP’s and MLA’s) contesting candidates in Indian election under section 3 to 6 of Part II of the representation of peoples act 1951 which prescribes about the qualifications and disqualifications of the members of parliament of state.
It is the most respectfully prayed that this Hon’ble Court may be pleased to issue a writ, order or direction or a writ in the nature of mandamus or an appropriate writ to the Respondents to restored the provision of rule 19 (R,S,T) of rajasthan panchayati Raj (Second Amendment) Act 2015 and 21(F) of Rajasthan Municipalities (Second Amendment) Act 2015 which prescribe the minimum educational qualification and deleted vide notification dated 22.02.2019.”
Essentially, the petitioner requires the Court to give mandamus to the Legislature to frame laws in a particular manner, which by well settled principles, the Court cannot and would not do. What should be the minimum education qualification for election to Public Institutions, in any case, cannot be a subject matter of consideration by the Court. It may be that earlier the State Legislature had introduced the requirement of minimum education qualification for a person to be qualified to be elected for Panchayati Raj or Municipal Institutions, however, by later amendment, such qualifications have been deleted. The petitioner has not challenged the amendment.
(3 of 3)
[CW-14697/2021]
By merely asking the State Legislature to re-introduce such requirements, the petitioner essentially seeks a direction to the local Legislature to frame law in a particular manner.
In the result, the petition is dismissed.
(SANDEEP MEHTA),J
(AKIL KURESHI),CJ
14-jayesh/-
2 issues framed by the court
Can the High Court issue a direction to the Legislature to fix minimum educational qualifications for candidates in elections?
Can the Court mandate the State Legislature to re-introduce deleted provisions on minimum educational qualifications?
Abdul Mannan
Union Of India
Election Commission Of India
State Of Rajasthan
Mr. Akil Kureshi
Mr. Sandeep Mehta
As recorded by the court registry
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