Rajasthan High Court Refuses To Stay Restriction On SC Migrants Claiming Reservation In Panchayat Elections

The Rajasthan High Court has refused interim relief to a woman who migrated from Haryana to Rajasthan, declining to stay a restriction that bars her from claiming reservation benefits in Panchayat elections on the basis of her caste certificate.

The division bench of Justice Sudesh Bansal and Justice Anuroop Singhi rejected the stay application filed by the woman, who sought permission to contest the upcoming Panchayati Raj elections under the Scheduled Caste category.

For context, the appellant had filed a petition seeking directions to the State to issue her Caste Certificate which was denied on the ground that a migrated person was not entitled to claim reservation in the State where s/he had migrated.

The single judge allowed the petition partially whereby it was directed to issue the Caste Certificate but with the above-mentioned rider. Further, it was made clear that the certificate was issued for the limited purpose of claiming benefits specifically made available to the migrant persons in government schemes.

Hence, she preferred an appeal and filed the present stay application on the ground that the restrictions put by the single judge in relation to the Caste Certificate were arbitrary.

On the contrary, the State relied upon the following division bench orders of the Court.

In State of Rajasthan & Ors. v Manju Yadav & Ors., restriction was put on claiming benefit of reservation in public employment by the families who migrated to Rajasthan from outside. Similarly, in Rekha Kumari v State of Rajasthan, the Court specifically denied the prayer of claiming reservation in the Panchayat Election based on the Caste Certificate of a migrant.

After hearing the contentions, the Court took note of the cases relied upon by the State, and observed,

“…has categorically taken a view declining the benefit of reservation to the migrated person, based on the caste certificate, in the Panchayat Election so much so, has also directed to put a rider/note on the Caste Certificate, that the migrated person shall not be entitled to claim benefit of reservation in public employment and elections including Panchayat Election. It may be true that the issue may be sub judice before the Hon'ble Supreme Court, however, the judgment of Division Bench in case of Rekha Kumari (supra) has not yet been stayed or set aside, hence, we are not convinced to take a contrary view.”

Accordingly, the stay application was dismissed.