Migrant SC Certificate, Panchayat Polls: Raj HC Refuses Stay

No Interim Panchayat Poll Reservation for Migrant on SC Certificate: Rajasthan High Court Refuses Stay

Published: 21 October 2026 · NyayVidhan

A Rajasthan High Court Division Bench refused, at the interim stage, to let an appellant who migrated from Haryana contest the Panchayati Raj elections as a Scheduled Caste candidate (paras 2, 10). A co-ordinate Bench in Rekha Kumari had declined such reservation to migrants; though the issue is pending before the Supreme Court, that judgment is not stayed or set aside (para 9). The stay application was dismissed; the appeal awaits hearing (paras 10, 12).

Key holdings

The Single Judge allowed a migrant’s caste certificate only with a note barring reservation in public employment and elections (para 4).

Rekha Kumari, a co-ordinate Bench ruling, declined Panchayat-election reservation to migrants; it is not stayed or set aside (paras 6, 9).

The Supreme Court’s interim stay in Bhateri Devi’s SLP did not persuade the Bench to permit the appellant to contest as SC (paras 7, 9).

Only the stay application was decided; the admitted appeal is to be listed for hearing (paras 10-12).

Judgment digest by NyayVidhan: a summary of the court's judgment, not its text. The judgment itself is the authoritative version.

Brief Facts

The appellant admittedly migrated from Haryana to Rajasthan; the authorities refused her a Scheduled Caste certificate on the ground that a migrant cannot claim reservation in the State of migration (para 3). On 24.09.2020 a Single Judge, relying on Bir Singh v. Delhi Jal Board, partly allowed her writ petition: the certificate was to be issued with a note that the migrant may not claim reservation in public employment and elections, including Panchayat elections, and only for benefits meant for migrants in government schemes (para 4). In her pending special appeal, she sought a stay of that rider so that she could contest the Panchayati Raj elections scheduled from 08.10.2026 to 06.11.2026 as a Scheduled Caste candidate (paras 2, 5).

Court's Findings

The State, through the Additional Advocate General, relied on two Division Bench rulings: State of Rajasthan v. Manju Yadav (18.09.2018), which on the basis of Bir Singh restricted reservation in public employment for families migrating into Rajasthan, and Rekha Kumari v. State of Rajasthan (24.03.2023), which declined reservation in Panchayat elections on a migrant's caste certificate and directed the note on such certificates (para 6). The appellant pointed to Bhateri Devi, an OBC migrant whose 2022 Panchayat win was challenged by election petition on the strength of the 24.09.2020 judgment; her leave application and appeal failed in the High Court, and in her SLP No. 16926/2022 the Supreme Court, by interim orders of 19.09.2022 and 28.11.2022, stayed the election petition proceedings because the issue is under its consideration (para 7). The Bench held that the co-ordinate Bench of equal strength in Rekha Kumari, virtually following Bir Singh, had categorically declined reservation in Panchayat elections to migrants on such certificates. The issue may be sub judice in the Supreme Court, but Rekha Kumari has not been stayed or set aside, so the Bench would not take a contrary view (para 9).

Legal Principle

At the interim stage, a Division Bench declined to depart from a co-ordinate Bench of equal strength that had refused migrants Scheduled Caste reservation in Panchayat elections. The pendency of the same issue before the Supreme Court did not justify a contrary interim view while that judgment stands, not stayed or set aside (para 9).

Precedents Relied Upon

Bir Singh v. Delhi Jal Board & Ors. (2018) 10 SCC 312
Referred To Discussed at ¶ 4, 5, 6, 9
Relied on by the Single Judge for the migrant caste-certificate rider and followed in Manju Yadav and Rekha Kumari; the appellant said the rider went beyond its spirit.
State of Rajasthan & Ors. v. Manju Yadav & Ors. D.B. judgment dated 18.09.2018 (Rajasthan High Court)
Referred To Discussed at ¶ 6
Cited by the State: relying on Bir Singh, a Division Bench restricted reservation in public employment for families migrating into Rajasthan.
Rekha Kumari v. State of Rajasthan & Ors. D.B. Special Appeal Writ No. 319/2021 and connected matters, decided 24.03.2023 (Rajasthan High Court)
Followed Discussed at ¶ 6, 9
A co-ordinate Bench declined reservation in Panchayat elections on a migrant's caste certificate and directed a note on such certificates; not stayed or set aside, so no contrary interim view was taken.

View all precedents (4)

Smt. Bhateri Devi (Special Leave Petition No. 16926/2022) D.B. CMA No. 1/2021 and D.B. SAW No. 2/2021 (Rajasthan High Court, order dated 25.05.2022); Special Leave Petition No. 16926/2022 (Supreme Court, interim orders dated 19.09.2022 and 28.11.2022)
Referred To Discussed at ¶ 7, 9
Relied on by the appellant: the Supreme Court stayed election-petition proceedings against an OBC migrant as the issue is under its consideration; the Bench held the pendency did not justify interim relief.