Ensure strict scrutiny of caste certificates in reserved constituencies: Madras High Court

CHENNAI: The Madras High Court has observed that caste certificates submitted by Scheduled Caste candidates contesting from reserved constituencies must be subjected to rigorous scrutiny and that nomination papers should be rejected if forged or invalid certificates are produced.

A division bench comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan noted that the Election Commission had already issued instructions in 2008 empowering election officials to thoroughly verify caste certificates submitted by candidates contesting from reserved constituencies.

The court made the observation while dismissing a public interest litigation filed by Hindu Makkal Katchi president Arjun Sampath seeking directions to election authorities to verify the religion of candidates contesting from the State's 44 Scheduled Caste reserved constituencies.

The bench held that no further judicial intervention was required as adequate safeguards were already in place to verify the eligibility of candidates contesting from reserved seats.

The petitioner had sought a direction to the Election Commission of India to issue a circular mandating detailed verification of the religious status of candidates during the scrutiny of nominations. He contended that only Scheduled Caste candidates professing Hinduism, Sikhism or Buddhism were eligible to contest from such constituencies.

Referring to the existing Election Commission guidelines, the court said election officers already possess the authority to reject nominations based on false caste claims and that the present mechanism was sufficient.

The judges further observed that if a person who was not eligible to contest from a reserved constituency was elected due to improper scrutiny, the election could be challenged through an election petition.