NEW
DELHI: A leprosy patient cannot contest a civic poll or hold the post of a
councillor or Chairperson of a municipality, the Supreme Court has held.
The apex court’s verdict
upheld the decisions of the Election Tribunal and the Orissa High Court that had
upheld the provisions of the Orissa Municipal Act, which disqualify a leprosy
patient from holding such posts.
Holding that these provisions
are not discriminatory and violative of Article 14 of the Constitution, a Bench
comprising Justices C K Thakker and D K Jain said “We do not find any infirmity
or illegality in the judgement warranting interference.”
Though the apex court noted
that a news bulletin issued by World Health Organisation (WHO) had praised
India’s efforts to eradicate the disease, it was of the view that the district
judge, heading the tribunal and High court was justified in coming to the
conclusion that on the facts at the relevant time when a candidate had not fully
been cured of leprosy.
“It is
true that now with aggressive medication a patient may fully be cured of the
disease, yet the legislature in its wisdom has thought it fit to retain such
provisions in the statute in order to eliminate the danger of its being
transmitted to other people from the person affected by the disease,” the Bench
said.
“Having regard to these
circumstances, we are convinced that the said classification does bear a
reasonable and just relation with the object sought to be achieved by the
statute in question and cannot be said to be unreasonable and arbitrary,” the
Bench held.
Dhirendra Pandua
had challenged the decision incurring disqualification to hold the post of
councillor and chairperson in Balasore municipality on the ground of him being a
leprosy patient.
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