Supreme Court Seeks Union's View On Bihar Election Commission's Plea Against Election Of Nepali Citizen As Panchayat Mukhiya

The Supreme Court recently called for Union's response on Bihar State Election Commission's plea challenging a direction that citizenship issue of a Mukhiya in the state be referred to the Union. The said Mukhiya was disqualified by the Bihar SEC on a view that he was a Nepali citizen when the elections took place.

A bench of Justices Surya Kant and Ujjal Bhuyan passed the order for impleadment of Union of India, taking into account a submission that it is the competent authority to grant citizenship.

Briefly put, the respondent (Mukhiya) became a Nepali citizen pursuant to a special drive in the year 2005-06. In 2021, Panchayat Elections were held in Bihar and he filed his nomination for the post of 'Mukhiya' for Bhaluaha Gram Panchayat. He emerged as the returned candidate for the said post. However, the rival candidate filed a complaint case before the State Election Commission, Patna alleging that the respondent was a native of Nepal and thus ineligible to contest the election.

The SEC took the view that the respondent was a 'Nepali Citizen' when the elections took place and held that he was ineligible to contest the election u/s 136(1)(a) of the Bihar Panchayati Raj Act 2006. It was further held that the post of 'Mukhiya' against which the respondent had been declared returned candidate would be treated as vacant and steps taken for fresh election.

Challenging the above, the respondent approached the Patna High Court. Initially, a Single Judge of the High Court dismissed the plea, noting that the respondent was not an Indian citizen when he filed his nomination. It was further observed that he moved an application for deletion of his name from the Nepali citizenship register but the same happened only in 2023, when he was already declared elected in the year 2021.

In appeal, a Division Bench set aside the orders of Bihar SEC and Single Judge, directing the former to refer the citizenship issue to the Union government. Till the issue was decided by the Union, the Bench also said that the respondent can continue on the post of Mukhiya. Taking into account facts of the case, it was observed,

"The contention taken by the complainant before the Election Commission was also that his name was included in the voters list of Nepal and hence, he should be deemed to have relinquished his citizenship under Section 9 of the Act of 1955. We are of the opinion that the Election Commission would not be empowered to decide the question...The issue, hence, has to be decided by the Central Government."

Case Title: STATE ELECTION COMMISSION OF BIHAR, PATNA & ANR. VERSUS BILTU RAY @ BILAT RAY @ BILAT PRASAD YADAV & ORS., SLP(C) No.27280/2024

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