Banjaras can be of any religion: High Court

IN A significant decision, the Allahabad High Court ruled that religion of Banjaras could not be restricted to being Hindus as they also belong to other religions.

IN A significant decision, the Allahabad High Court ruled that religion of Banjaras could not be restricted to being Hindus as they also belong to other religions.

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The court allowed a writ petition filed by Moazzam Ali, whose nomination to a seat reserved for backward class was cancelled on the ground that he was a Muslim by religion, therefore, his candidature as Banjara could not be accepted, considering that Banjaras are Hindus only.

Allowing the writ petition, a Division Bench comprising Justice Amitava Lala and Justice Sanjay Mishra directed the State Government not to give effect to letter dated December 13, 2000 and also quashed order dated January 18, 2001.

The Court has held that once a court was satisfied with the criteria of backwardness, it became a backward class for the purpose of Article 16 (4) of the Constitution of India.

The petitioner, Moazzam, was a candidate of the election notified for the local gram panchayat. The constituency was reserved for people of backward class.

The petitioner was a candidate under the scheduled category of ‘Banjaras’.

The petitioner had filed his nomination after obtaining requisite certificate from the Tehsildar. But his nomination was cancelled, on the ground that he was Muslim and thereafter his candidature as ‘Banjara’ could not be accepted.