Patna: The Patna High Court has clarified the legal framework governing reservation in the election of Mukhiya in Bihar, ruling that Section 15(5) of the Bihar Panchayat Raj Act applies rather than the general Bihar Reservation Act.
A single-judge bench of Justice Parth Sarthy issued the 31-page order while hearing a petition filed by Md Isa. The court set aside the decision of the Caste Scrutiny Committee and a subsequent order of the State Election Commission removing an elected Mukhiya from office.
The ruling comes as preparations and political activity around the upcoming Panchayat elections have intensified across Bihar.
Court distinguishes election and service reservations
The court observed that the Bihar Reservation of Vacancies in Posts and Services Act, 1991, primarily deals with reservation in posts and services under the state government.
According to the order, the 1991 Act has a limited role in the context of Panchayat elections, mainly in determining which castes fall within the Backward Classes category.
The court held that the provisions of the 1991 Act had been incorrectly applied in the case involving the elected Mukhiya’s removal.
Separate laws govern different forms of reservation
The High Court emphasised that electoral reservation and reservation in government services operate under distinct legal frameworks.
Applying rules intended for reservation in government services to Panchayat elections, the court said, was legally flawed.
The order further stressed that reservation laws must be interpreted according to their specific legislative purpose and statutory framework.
Orders of scrutiny committee and SEC quashed
As a consequence of its findings, the High Court quashed Memo No. 6574 issued by the Caste Scrutiny Committee on March 28, 2025.
It also set aside Memo No. 2876 issued by the State Election Commission on June 25, 2025.
The court’s ruling effectively overturned the action taken to remove the elected Mukhiya from office in the case before it.
