Jodhpur: Rajasthan High Court has ruled that a person cannot run for municipal elections if a trial court has framed charges against him/her for a crime that could lead to imprisonment of five years or more.The ruling came after a case was brought by a man named Budh Dan, who wanted to contest the municipal election in Jodhpur’s Mathania last month, but had his nomination rejected because of pending charges against him.The high court’s ruling is based on a section of Rajasthan Municipalities Act from 2009, which was challenged by Dan as being unfair. His argument was that it treated people who haven’t been convicted of a crime more harshly than those who have already been found guilty by the court.The high court, however, explained that this section operates only after judicial scrutiny at two stages—court taking cognisance and framing charges—and only where the offence carries a punishment of five years or more. A division bench led by Chief Justice Sanjay K Agrawal found the classification based on these criteria to be intelligible and rationally connected with the objective of protecting the integrity and public confidence in local democratic institutions. The bench further stated that the right to run for office is not absolute and can be restricted by laws meant to protect the community’s interests.Although Dan’s petition was dismissed, the bench clarified that the dismissal would not prevent him from filing an election petition.
