Case Note & Summary
The petitioner, Manoj Parmeshwar Sidam, a member of Kurkheda Nagar Panchayat and belonging to Scheduled Tribe, challenged the decision of the Election Officer accepting the nomination form of respondent No.3, Smt. Shaheda Tabassum Tayar Mugal, for the post of President of Kurkheda Nagar Panchayat, which was reserved for Scheduled Tribe candidate. The petitioner contended that respondent No.3 originally belonged to Gond Scheduled Tribe but converted to Islam after marriage and thus ceased to belong to the Scheduled Tribe. The respondent No.3 raised a preliminary objection that the writ petition was not maintainable in view of Article 243ZG(b) of the Constitution of India, which bars any court except the election tribunal from entertaining challenges to election matters. The Court upheld the preliminary objection and dismissed the writ petition as not maintainable. The Court also observed that even on merits, the respondent No.3 continues to belong to Gond Scheduled Tribe despite conversion, as Scheduled Tribe status is determined by birth and not by religion. The Court held that the petition was liable to be dismissed on the ground of maintainability.
Headnote
A) Constitution of India - Article 243ZG(b) - Bar on interference by courts in election matters - The Court held that the challenge to acceptance of nomination form cannot be entertained in writ jurisdiction as Article 243ZG(b) bars any court except the election tribunal from entertaining disputes relating to elections to Nagar Panchayats. (Para 7-8) B) Scheduled Castes and Scheduled Tribes - Conversion - Loss of Scheduled Tribe status - The Court held that conversion to Islam does not automatically result in loss of Scheduled Tribe status as the caste is determined by birth and not by religion. The respondent No.3 continues to belong to Gond Scheduled Tribe despite conversion. (Para 9-10)
Issue of Consideration
Whether a person who originally belonged to a Scheduled Tribe but converted to Islam is entitled to contest election as a Scheduled Tribe candidate for a post reserved for Scheduled Tribe.
Final Decision
The writ petition is dismissed as not maintainable in view of Article 243ZG(b) of the Constitution of India. No order as to costs.
Law Points
- Scheduled Tribe status is determined by birth and not by religion
- conversion does not automatically result in loss of Scheduled Tribe status
- Article 243ZG(b) bars challenge to election matters except by election petition
