N SASIDHARAN Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) This Public Interest Litigation is filed --

(2.) The learned Senior Counsel appearing for the petitioner taking us through the Kerala (Scheduled Caste and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 and the three decisions of the Honourable Supreme Court in the case of Satrucharla Vijaya Rama Raju v. Nimmaka Jaya Raju and Others, 2006 KHC 23 : 2006 (1) SCC 212 : AIR 2006 SC 543, Desh Raj v. Bodh Raj, 2008 KHC 4373 : 2008 (2) SCC 186 : AIR 2008 SC 632 and Punit Rai v. Dinesh Chaudhary, 2003 KHC 1597 : 2003 (8) SCC 204 : AIR 2003 SC 4355 : JT 2003 Supp (1) SC 557, vehemently contended that as per the norms and the law and facts, the 5th respondent being a born Christian and without conversion, which is also impermissible, is claiming the Scheduled Caste status, which is illegal and hence, he should not be permitted to contest the elections on the basis of the said false certificate.

(3.) The first respondent has filed a statement of objections and respondents 2 to 4 are represented by the learned Government Pleader. It is contended on behalf of the respondents that the facts alleged by the petitioner are all disputed questions of fact and the present writ petition is not maintainable, as there is a proper and adequate remedy provided under the provisions of the Representation of the People Act, 1951.