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STATEMENT OF FACTS

1. The Parliament passed the 73rd Constitutional Amendment Act in


April 1993. The Amendment provided a constitutional status to Panchayat
Raj Institutions in India, which was earlier just directed to be organized
under Article 40 of the original constitution.
2. The 73rd Amendment Act has added part IX to the Constitution of
India entitled as ‘Panchayats.’ The part consists of provisions from Article
243 to 243-0. A new schedule called as Eleventh Schedule lists 29
functional items that panchayats are supposed to deal with under Article
243-G.
3. By the 73rd amendment act, the state of Haryana enacted the
Haryana Panchayati Raj Act, 1994 which was amended subsequently in
the year 2015. Section 175 of the Haryana Panchayati Raj Act, 1994
provides for disqualifications of the member's to the panchayat electoral
process. Section 175 of Haryana Panchayati Raj Act, 1994 was further
amended in the year 2015 to include the disqualification that a candidate
who has not passed matriculation examination or its equivalent
examination from any recognized Institution/Board shall not be eligible to
contest the election of ______________________
4. The petitioner, a well learned literate person with many years of excellent
service to the people, is aggrieved of the said amendment because of the
educational qualification restrictions, which renders him unable to
participate in the democratic process of the elections.
5. The petitioners contend that the Amendment bill serves no legitimate
purpose and is in contravention to the objectives of the 73rd amendment
act, thereby affecting petitioner's right to equality under Article 14 of the
constitution.

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