Patna: The Patna High Court has delivered a significant ruling on reservation in Bihar Panchayat elections, holding that a person whose ancestors settled in Bihar more than 100 years ago cannot be treated as an outsider merely because the family originally migrated from another state.
The ruling came in a case concerning Md. Isa, the elected Mukhiya of Sahuria Panchayat in Saharsa, whose election had earlier been cancelled by the State Election Commission over his eligibility for reservation under the Extremely Backward Class (EBC) category.
High Court clarifies law governing Panchayat reservations
The court held that reservation in Panchayat elections is governed by Section 15(5) of the Bihar Panchayat Raj Act, 2006.
According to the court, the Bihar Reservation Act, 1991, as amended in 2003, could not be relied upon as the basis for determining eligibility in this case.
The court found that the State Election Commission had relied on an incorrect legal provision while cancelling Md. Isa’s election.
Court restores Saharsa Mukhiya’s election
The case was filed by Md. Isa, the elected Mukhiya of Sahuria Panchayat in Saharsa.
A single-judge bench headed by Justice Parth Sarthy allowed his petition and set aside both the Caste Scrutiny Committee’s report dated April 11, 2025, and the State Election Commission’s order dated June 25, 2025.
The ruling effectively restored the relief sought by Md. Isa following the cancellation of his election.
Ancestors migrated from Uttar Pradesh around 125 years ago
The State Election Commission had cancelled Md. Isa’s election after taking the view that his ancestors had migrated from Uttar Pradesh to Bihar and that he was therefore not entitled to reservation benefits under the EBC category.
The High Court rejected this reasoning, observing that the fact that a person’s ancestors migrated from Uttar Pradesh to Bihar around 125 years ago does not, by itself, make the person a non-resident of Bihar.
The court’s reasoning means that a family that has been settled in Bihar for generations cannot be excluded from reservation benefits solely because of the state from which its ancestors originally migrated.
Inquiry committee had recognised Md. Isa as EBC
The court also considered the findings of the inquiry committee that examined Md. Isa’s caste status.
The initial report of the three-member committee had identified him as belonging to the Teli (Muslim) community and recognised him as a member of the EBC category.
The subsequent reports did not establish that his caste certificate was fake. There was also no finding that he belonged to another caste.
Why the Election Commission’s order was quashed
The High Court found that the State Election Commission had relied on an inappropriate legal provision while cancelling Md. Isa’s election.
Since the legal basis of the Commission’s decision was found to be incorrect, the order was held to be legally unsustainable.
The court consequently quashed the Caste Scrutiny Committee’s report and the State Election Commission’s order, providing significant relief to Md. Isa.
What the ruling means
The judgment establishes that the mere fact that a person’s ancestors migrated to Bihar from another state generations ago cannot, by itself, be used to deny reservation benefits in Panchayat elections.
For families that have been settled in Bihar for more than a century, ancestral place of origin cannot automatically be treated as proof that they are outsiders for the purpose of Panchayat reservation.
