Patna: The Bihar Mukhiya reservation issue was recently clarified by the Patna High Court. The Court ruled that reservation for the post of Mukhiya is governed by the Bihar Panchayat Raj Act, 2006, and not by the Bihar Reservation of Vacancies in Posts and Services Act, 1991. The judgment came while hearing a case involving the disqualification of an elected Mukhiya from an Extremely Backward Class (EBC) reserved seat. The decision provides important clarity on reservation rules in Panchayat elections in Bihar.
Patna High Court Clarifies Bihar Mukhiya Reservation
A Single Judge Bench of Justice Partha Sarathy held that reservation for Mukhiya elections is governed by Section 15(5) of the Bihar Panchayat Raj Act, 2006. The Court said that the Bihar Reservation Act, 1991 mainly applies to reservations in government posts and services, not Panchayat elections.
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The judgment came in the case of Md. Isa v. State of Bihar and Others. The Court set aside the decisions of the Caste Scrutiny Committee and the State Election Commission (SEC), which had removed the elected Mukhiya from office.
Background Of The Bihar Mukhiya Reservation Case
The petitioner was elected as Mukhiya of Gram Panchayat Raj Sahuria in the 2021 Panchayat elections from a seat reserved for the Extremely Backward Class (EBC) category.
Later, a complaint was filed before the State Election Commission alleging that he belonged to the Sheikh community and had wrongly obtained an EBC caste certificate by claiming to belong to the Teli (Muslim) caste.
Enquiry And Disqualification
A three-member enquiry committee initially found that the petitioner belonged to the Teli (Muslim) caste. However, the Caste Scrutiny Committee later relied on the Bihar Reservation Act, 1991 and its 2003 amendment.
The amendment states that persons residing outside Bihar cannot claim reservation benefits under the Act. Based on this reasoning, the SEC held that the petitioner was not a permanent resident of Bihar and removed him from the post of Mukhiya.
Bihar Mukhiya Reservation: Why The High Court Disagreed
The High Court examined the purpose of the Bihar Reservation Act, 1991. It observed that the Act was enacted to provide reservation in posts and services under the State Government.
The Court held that reservation in Panchayat elections comes from a different legal source. According to the judgment, Section 15(5) of the Bihar Panchayat Raj Act, 2006 governs reservation of Mukhiya seats.
Limited Connection Between The Two Laws
The Court explained that the connection between the two Acts is limited to identifying which castes fall within the Backward Class category. The Bihar Reservation Act helps define the list of backward castes, but it does not control reservation rules for Mukhiya elections.
Court Finds Error In Applying 2003 Amendment
The High Court said the authorities wrongly applied the 2003 amendment of the Bihar Reservation Act to Panchayat elections. The Court found that the restriction regarding persons residing outside Bihar could not be used to disqualify the petitioner from an elected Panchayat post.
Petitioner Could Not Be Treated As Resident Outside Bihar
The Court also noted that even according to the respondents, the petitioner’s ancestors had migrated from Jaunpur in Uttar Pradesh to Bihar around 125 years ago. The judgment stated that three to four generations of his family had lived in Bihar. Therefore, treating him as a person residing outside Bihar was not legally justified.
Bihar Mukhiya Reservation: No Cancellation Of Caste Certificate
Another important point highlighted by the Court was that the Caste Scrutiny Committee had not cancelled the petitioner’s caste certificate. The Committee had also not concluded that he belonged to any caste other than Teli (Muslim). This weakened the basis for his disqualification.
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FAQs
The State Election Commission removed Mukhiya after applying the Bihar Reservation Act’s residency restriction and concluding that he was not entitled to reservation benefits. The High Court later set aside that decision.
The Patna High Court ruled that reservation for Mukhiya elections is governed by the Bihar Panchayat Raj Act, 2006 and not by the Bihar Reservation Act, 1991.
The judgment clarifies the legal framework governing reservation in Panchayat elections and prevents incorrect application of reservation rules meant for government jobs and services.
