HC rejects plea to fix min qualification of poll candidates

The Delhi High Court on Wednesday turned down a petition seeking fixing of minimum qualification and maximum age limit for persons contesting the state or Union elections.

A division bench of the High Court presided over by Chief Justice DN Patel and Justice C Harishankar passed the order.

The court observed, "It is the prerogative and discretion of Parliament to prescribe the minimum educational qualification or maximum age limit for a person to contest elections."

On the issue of fixing a maximum age limit for contesting elections, the bench said that there is no reason to believe that it is possible to put such a limit as "it all depends upon the vibrancy of the person and his enthusiastic approach towards the work."

Graduation is not a yardstick of wisdom which is required of a member of parliament or legislative council. A person is either wise or not and graduation has very less bearing on the same, the court stated.

The observations came as the court was hearing a plea filed by BJP leader and advocate Ashwini Kumar Upadhyay seeking fixing of minimum qualification and maximum age limit for the persons contesting state or Union elections.

The plea said that the Law Commission of India had prepared Report No 244 and 255 after comprehensive discussion, debate and feedback, therefore the Court may direct the Union to consider the recommendations in the larger public interest and in the interest of democracy. In view of that petition, the Court directed the Law Commission to examine the issue of Minimum Qualification-Maximum Age Limit and prepare a report.IANS