RAPHAEL Vs. CHIEF ELECTORAL OFFICER

JUDGEMENT

(1.) Petitioner is an independent candidate for election from the Ernakulam Parliamentary Constituency. The grievance of the petitioner is that he, an independent candidate, is not permitted to broadcast his views over Television and Radio by the Chief Electoral officer, whereas nine national political parties have been allowed to do so. Petitioner contends that the above approach is basically wrong and highly discriminatory and that the privilege given to the political parties should not be denied to him merely because he is an independent candidate. He prays for a writ of mandamus directing respondents 2 and 3 to provide him an opportunity to broadcast his views through the media of Television and Radio as an independent candidate.

(2.) The pleadings in the Original Petition do not establish that the respondents have adopted any discriminatory attitude towards the petitioner. He has no case that any other independent candidate is allowed to use the media, whereas he has been singled out and denied of the privilege.

(3.) Art.14 of the Constitution does not a bridge the power of the State in making classification for legitimate purposes. Whenever a classification is made it is bound to create some inequality. Merely because of differential treatment one cannot jump to the conclusion that Art.14 is violated. Lack of reasonable basis for the differentiation tantamounts to denial of equal protection and in such a case Art.14 is violated. It is the settled legal position that whenever a well defined class is treated in a discriminatory manner it is obnoxious to Art.14. Two conditions must necessarily be satisfied to pass the test of permissible classification. They are: