Madras High Court issued notice to ECI and state authorities (Image: Internet)
Chennai: The Madras High Court on Tuesday issued notice to the Election Commission of India and Tamil Nadu electoral authorities on a plea concerning eligibility in Scheduled Caste (SC)-reserved constituencies.
The petition seeks directions to ensure that only candidates professing Hinduism, Sikhism, or Buddhism are allowed to contest from these reserved seats.
The matter was heard by a Bench comprising Chief Justice S. A. Darmadhikari and Justice Arul Murugan.
During the hearing, the Court permitted advocate Niranjan Rajagopalan, appearing for the Election Commission, to accept notice and seek instructions. The Bench directed that the case be listed again after two days for further hearing.
The Court raised key concerns about the enforceability of the relief sought. It questioned how Returning Officers could verify a candidate’s religion during the scrutiny of nomination papers.
The Bench observed that officials rely on caste certificates and sworn declarations submitted by candidates and cannot easily go beyond these documents.
Highlighting potential complications, the judges asked how authorities would handle cases involving religious conversion or reconversion.
“How will you test it?” the Bench remarked, indicating that such verification could require detailed evidence and adjudication beyond the scope of election officials.
The Court also noted that if any declaration is later found to be incorrect, it would lead to a legal dispute requiring proper proceedings.
The Bench referred to Article 329(b) of the Constitution, which bars judicial interference in electoral matters once the election process is underway. It cautioned that directing officials to conduct deeper scrutiny could amount to a “roving enquiry.”
High Court of Madras relaxes rules on document attestation for notary applications
The plea has been filed by Arjun Sampath, who cited the Constitution (Scheduled Castes) Order, 1950. The petitioner argued that SC status is restricted to persons belonging to specified religions.
He also relied on a recent Supreme Court judgment stating that individuals of other religions cannot be treated as Scheduled Castes.
The Court declined to grant any interim relief, noting that no irreversible situation would arise in the next 48 hours.
The matter will be taken up again after two days, when responses from the Election Commission and other authorities are expected to be placed on record.
