IMPORTANT POINT
Caste status is determined by the state of origin, and individuals migrating to another state cannot claim benefits of reservation in the new state.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard the learned counsel appearing on behalf of the petitioner as well as the learned counsel appearing on behalf of the respondent-State.

2. The prayer in this petition has been made for quashing of the order dated 15.02.2024 passed by the learned Divisional Commissioner, Singhbhum (Kolhan) Division, Chaibasa (Respondent no. 3) in Election Petition No. 04 of 2022 whereby the Divisional Commissioner has allowed the petition of respondent no. 5 in part and has come to the conclusion that the petitioner is not eligible to contest the election to the post of Member-XXII West Singhbhum/04, Zila Parishad, Chakradharpur (Part-I), West Singhbhum in Panchayat Election, 2022 as a member of scheduled tribe which is reserved for scheduled tribe women. Further the prayer has been made to allow the petitioner to continue and hold the post of Member of Zila Parishad.

3. Mr. Arshad Hussain, the learned counsel appearing on behalf of the petitioner submits that the petitioner has filed her nomination as a candidate of election to the post of Member XXII West Singhbhum/04, Zila Parishad, Chakradharpur (Part-I) West Singhbhum in Panchayat Election, 2022 before the returning Officer, at West Singhbhum, Chaibasa. He further submits that other two candidates including Bhumika Munda (Respondent No. 5) have filed their nomination paper before the Returning Officer. He further submits that the nomination papers were taken up for scrutiny and acceptance of the nomination papers of all the three candidates were made. The date of filing of the nomination papers was 16.04.2022; the date of scrutiny of nomination papers was 25.04.2022 and 26.04.2022; the last date of withdrawal of candidature was 28.04.2022; the date of Poll was 14.05.2022; the date of counting of the votes was 17.05.2022 and the date of declaration of the result of the election was 17.05.2022. He submits that the votes were counted on 17.05.2022 and the petitioner namely Laxmi Hasda has secured the highest number of the votes and was declared elected.

4. He then submits that another person namely Bhumik Munda (respondent no. 5) filed Election Petition being Election Petition No. 4 of 2022 in the court of learned Divisional Commissioner, Singhbhum (Kolhan) Division, Chaibasa for declaration that the election of the petitioner is void on the ground that the Member of reserved category is directly attributable to birth and a person can claim the benefit of reservation only in the State in which she is born and not to the State to which such person may migrate after marriage. He further submits that the Divisional Commissioner (Kolhan) has allowed the said petition by order dated 15.02.2024 holding that the petitioner is not entitled to contest the election being the member of scheduled tribe and in view of that it was held that the petitioner is not entitled to be declared as elected. The said order is under challenge.

5. He further submits that the petitioner before marriage she belonged to scheduled tribe community by sub-caste ‘HO’ and after marriage with Chandan Hasda who also belongs to scheduled tribe community of sub-caste ‘HO’ she was fully accepted by the society of her husband as scheduled tribe. He submits that the petitioner has not filed any forged document at the time of filing of the nomination papers before the competent authority nor she played any fraud in the said election whatsoever. He then submits that the petitioner belongs to the scheduled tribe community by sub-caste ‘HO’ and presently resident of Village Magurda, Post Office Roladih Ppolice Station - Toklo, Block Chakradharpur, Village Panchayat, Hatnatodang, District West Singhbhum, Jharkhand. He further submits that Local Residential Certificate of the petitioner was issued from the Office of the Sub Divisional Officer, Chakradharpur District West Singhbhum vide Certificate dated 12.04.2019 which was found to be correct and genuine and the Caste Certificate dated 17.04.2019 issue