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CHENNAI: The Madras High Court has directed the Election Commission of India to file its response in a petition filed by Arjunan Sampath, founder of Hindu Makkal Katchi, seeking that only Scheduled Caste candidates professing Hinduism, Sikhism, or Buddhism be permitted to contest from reserved constituencies.
Pointing out that 44 of the 234 Assembly constituencies in Tamil Nadu are reserved for Scheduled Castes, the petitioner contended that in those constituencies, only candidates belonging to the Scheduled Castes who follow Hinduism, Sikhism, or Buddhism should be allowed to contest elections.
Nearly 90 per cent of the candidates contesting in these 44 reserved constituencies do not profess Hinduism, Sikhism, or Buddhism, but instead belong to the Christian faith, alleged the petitioner.
He sought a direction to the Election Commission to issue a circular to all election authorities to strictly scrutinise nomination papers in accordance with the Constitution of India and the judgments of the Supreme Court.
When the matter came up for hearing before a Division Bench comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan on Tuesday (April 7), the counsel appearing for the Election Commission submitted that instructions had already been issued to election officials to verify the genuineness of Scheduled Caste certificates, and that nominations would be rejected only if such certificates were found to be invalid.
When the petitioner’s counsel sought urgent directions noting that scrutiny of nominations was under way, the bench refused any interim relief stating, “We'll issue notice. You seek instructions. Nothing is going to happen within 48 hours.”
The bench ordered notice to the ECI and directed the standing counsel to take instructions regarding the plea. The court has decided to hear the plea on April 9. The bench also clarified that there would be no impediment to the ongoing scrutiny of nomination papers.