KUTTAN KATTACHIRA Vs. C.K.ASHA

JUDGEMENT

(1.) The maintainability of the election petition came up as a preliminary issue.

(2.) Heard both sides on the question of maintainability of the election petition.

(3.) Petitioner came up under Ss. 80,81,83,84 and 100 of the Representation of People Act, 1951 challenging the election conducted in 095 Vaikom Scheduled Caste Reserved Constituency in Kerala State Legislative Assembly Election held in the year 2021 on the ground of improper acceptance of nomination of the returned candidate/first respondent and other respondents and for a declaration that she is the returned candidate. It is submitted that respondent Nos. 1 to 6 belong to various political parties registered under the Representation of the People Act, 1951. Admittedly, the constituency 095 Vaikom is a reserved constituency for scheduled castes. The sum and substance of the allegation is that the nomination papers submitted by the returned candidate, who is the first respondent and the other candidates, the remaining respondents, were improperly accepted by the Returning Officer, though there is declaration with respect to the caste and religion in which he/they belongs without adhering to the constitutional intention and the concept of secularism to be followed by all political parties registered under the Act. The Apex Court in Abhiram Singh v. C.D. Commachen (dead) by Lrs. And others [Civil Appeal No.37 of 1992 dtd. 2/1/2017] had considered the importance of maintaining secularism in political parties/organisations registered under the Act. Paragraph 310 of the said judgment is extracted below for reference :-