Representation of People Act, 1951 – Ss. 80, 81, 83, 84 & 100 – Concept of Secularism – Improper acceptance of nomination paper – Election Petition challenging the election conducted in Scheduled Caste Reserved Constituency – The disclosure of eligibility of a particular candidate by making a declaration as required under a nomination to contest in a particular constituency reserved for a sect of people-either schedule castes or scheduled tribes will not violate the concept of secularism.
It is a mandate to be complied with by the candidate to disclose and reveal his eligibility to contest in that particular constituency. Of course, the legal position would be different when the caste or religion was used so as to canvass vote by playing ‘corrupt practice’. No such case of ‘corrupt practice’ was either pleaded or advanced by the petitioner. The only case raised is the improper acceptance of the nomination ignoring the declaration made by the petitioner revealing his status and showing the eligibility based on the religion and community, which according to the petitioner violates the concept of secularism to be followed by a political party and all its members. It is so unfortunate that the petitioner did not understand the real spirit of the decision rendered by the Supreme Court on an alleged ‘corrupt practice’.