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Supreme Court of India 2022-01-03 dismissed

Kuttan Kattachira vs C.K. Asha & Ors

Bench: 1 — P. Somarajan

In Brief

A candidate challenged an election in a Scheduled Caste reserved constituency in Kerala, arguing that the returned candidate's nomination was improperly accepted because disclosing caste and religion in the nomination papers violated the constitutional principle of secularism that political parties must uphold. The Court held that the constitutional requirement for secularism cannot be confused with the statutory mandate under the Representation of the People Act requiring candidates in reserved constituencies to declare their caste and religion to establish eligibility. Such disclosure is merely a declaration of qualification, not a violation of secularism. Without alleging corrupt practice—the misuse of caste or religion to solicit votes—the petition lacked a valid cause of action and was dismissed.

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Election Law Constitutional Law Secularism Reserved Constituencies Representation of the People Act Procedural Law Civil Procedure

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