Madras High Court seeks ECI response on plea to restrict SC seats to Hindu, Sikh, Buddhist candidates

The Madras High Court on Tuesday issued notice and sought the responses of the Election Commission of India and Tamil Nadu electoral authorities on a plea seeking directions to ensure that only those professing Hinduism, Sikhism or Buddhism are permitted to contest elections from constituencies reserved for the Scheduled Caste (SC) communities [Arjun Sampath Vs Chief Electoral Officer]

A Bench of Chief Justice SA Darmadhikari and Justice Arul Murugan permitted advocate Niranjan Rajagopalan, appearing for Election Commission, to accept notice and seek instructions.

The Court directed that the matter be listed after two days for further hearing.

During the hearing, the Court raised concerns over the practical enforceability of the relief sought, particularly on how Returning Officers could verify a candidate’s religion at the stage of scrutiny of nomination papers.

“Returning Officer has to go by the certificate and declaration filed,” the Bench observed, noting that candidates declare their status through caste certificates and sworn statements at the time of filing nominations.

The Court questioned how authorities could go beyond such declarations.

“How will you test it?” the Bench asked, referring to situations involving conversion or reconversion, which may require evidence and adjudication beyond the scope of election officials.

It further noted that if a declaration is later found to be incorrect, it would give rise to a dispute requiring appropriate legal proceedings.

“If ultimately it is found that the certificate is not rightly used, it is a dispute,” the Court remarked.

The Bench also flagged the constitutional bar under Article 329(b), which limits judicial interference in electoral matters once the election process is underway.

The plea filed by Hindu Munnani leader Arjun Sampath relied on the Constitution (Scheduled Castes) Order, 1950 and said that SC status is confined to persons professing these religions.

The petitioner cited a recent Supreme Court judgment holding that persons professing other religions cannot be treated as members of Scheduled Castes, terming the disqualification “categorical and absolute.”

The petitioner argued that Returning Officers must be directed to strictly scrutinise nomination papers and reject ineligible candidates at the threshold.

The Court, however, questioned whether such directions would require a “roving enquiry” by election officials into candidates’ religious identity.

The Court declined to grant any interim relief, observing that nothing irreversible would occur in the next 48 hours and that the issue could be examined in detail on the next date.

The matter will now be taken up for further hearing in two days, when the Election Commission and other authorities are expected to place their response on record.