IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(C) No. 3363 of 2023

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Amala Murmu

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Petitioner

Versus

1. The State of Jharkhand

2. The Deputy Commissioner cum District Election Officer, Seraikella-Kharsawan

3. Gurupada Hansad

4. Sub Divisional Officer, Chandil

5. The Circle Officer, Chandil

6. The State Election Commission, Jharkhand

7. District Panchayat Raj Officer, Seraikella

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Respondents

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Petitioner

: Mr. R.S.P. Sinha, Advocate

Mr. Rakesh Kumar Sinha, Advocate

Mr. Punit Kumar, Advocate

For the State E.C.

: Mr. Sumeet Gadodia, Advocate

Mr. Ankit Kumar, Advocate

Mr. Prakhar Harit, Advocate

For the Res. No.7

: Mr. Prem Pujari Roy, Advocate

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Order No.08 Dated : 22.11.2023

Can a lady member of Scheduled Tribe contest from reserved constituency

which is her matrimonial home and where she had been living since time of her

marriage is the pivotal question in the instant writ petition?

2.

Indisputably Petitioner is a member of Scheduled Tribe, who was

originally a resident of District Purulia (West Bengal) and was married to Jai Ram

Manjhi, resident of Village Bhadudih, P.S. Chandil, District Seraikella Kharsawan,

Jharkhand in the year 2004.

3.

The petitioner was elected in three tier election of Panchyat Sewak held in

the year 2022 to a member of Panchayat Samiti from Bhadudih Panchayat Samiti

under Chandil constituency which is reserved constituency for Scheduled Tribe.

Election certificate was issued on 18.05.2022. Subsequent thereto, the petitioner

filed nomination for Panchayat Samiti Pramukh under reserved category for

Scheduled Tribe of Chandil constituency and was declared elected and certificate

was issued on 14.06.2022.

4.

Respondent no.3 had contested the said election and after losing electoral

battle, filed election petition in the Court of Deputy Commissioner, Seraikella

Kharsawan vide Election Petition No.18/2022-23 for declaring the election of the

petitioner as null and void on the ground that she was not eligible to contest the

election in the reserved constituency for Scheduled Tribe.

5.

The petition of the respondent no.3 was allowed vide order dated

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19.05.2023 on the ground that she was eligible to get the benefit of reserved

category in her original State only and since she had migrated after marriage to the

State of Jharkhand, she was not eligible for contesting in the reserved constituency

in view of letter no.BC12025/02/76 SCT dated 22.03.1977 of the Government of

India letter no.BC-16014/182-SC BCDI dated 22.02.1985, letter of Ministry of

Welfare, Government of India letter no.F 12011/11/94-BCC(C) dated 08.04.1994.

The Court further referred to letter no.2998 dated 11.05.2022 of the Government of

Jharkhand, Department of Human Resource and Administrative Reforms and

Rajbhasha, addressed to the Secretary, State Election Commissioner, Ranchi which

specifically mentioned that any woman who have migrated Jharkhand from any

other State, was eligible to get the benefits of reservation from the original State

only.

6.

It is submitted by learned counsel on behalf of petitioner that provision for

eligibility to a candidate under Jharkhand Panchayati Raj Act, 2001 is provided

under Section 37 which is as under:

Eligibility to vote and be a candidate –

1. Every such person, whose name is included in the voter's list of any village, is

eligible to vote in election of an Office-bearer of the Panchayat Samiti of the

Panchayat, in the area comprising the said village.

2. Every such person [shall be qualified to be elected as Office-bearer of the

Panchayat Samiti or its territorial constituency in the voters’ list of which his name

is enter