Supreme Court of India · 2005-01-28
SANDHYA THAKUR vs VIMLA DEVI KUSHWAH
- Citation / case number
- SC 2003/3186
- Court
- Supreme Court of India
- Petitioner
- SANDHYA THAKUR
- Respondent
- VIMLA DEVI KUSHWAH
- Author
- P.K. BALASUBRAMANYAN
- Bench
- C.J.I, G.P. MATHUR & P.K. BALASUBRAMANYAN
Judgment text excerpt
The Supreme Court upheld the decision of the High Court affirming the District Judge's ruling that the appellant, a Maharashtrian Brahmin by birth, was ineligible to contest a seat reserved for backward communities based solely on her marriage to a Namdev. The Court clarified that eligibility for such reserved seats is determined by birth and not by marriage, referencing the Circular dated 12.03.1997, which applies to elections as well as employment and education. The appeal was dismissed with costs, confirming the lower courts' decisions.