2 months ago
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A nationalist involvement litigation (PIL) petition has been filed successful the Madras High Court seeking a absorption to the Tamil Nadu Chief Electoral Officer (CEO) to guarantee that the nominations filed for the 44 reserved Assembly constituencies successful the State are scrutinised strictly successful accordance with the Supreme Court’s latest judgement connected Scheduled Caste presumption and religion. The apex tribunal held that the SC presumption is strictly constricted to individuals professing Hinduism, Sikhism, oregon Buddhism, and does not widen to those who person converted to different religions.
Also read: What did the Supreme Court regularisation connected Scheduled Castes and religion?
Arjun Sampath of Indu Makkal Katchi had filed the PIL petition. He told the tribunal that Clause 3 of the Constitution (Scheduled Castes) Order, 1950, makes it wide that lone Hindus, Sikhs, and Buddhists could beryllium deemed to beryllium a subordinate of a Scheduled Caste and not those who person to different religions. This presumption of instrumentality had been upheld by the Supreme Court, too, successful a judgement delivered by it connected March 24, 2026.
“A idiosyncratic cannot simultaneously profess and signifier a religion different than the ones specified successful Clause 3 of Constitution (Scheduled Castes) Order, 1950, and assertion rank of a Scheduled Caste astatine the aforesaid time. A idiosyncratic who professes and practices specified religion for personal, social, and spiritual purposes cannot successful law, asseverate rank of a Scheduled Caste for the intent of securing statutory benefits. The 2 positions are mutually exclusive and contrary to the Constitutional scheme,” the Supreme Court had observed.
The apical tribunal had besides said: “No statutory benefit, protection, reservation, oregon entitlement nether the Constitution oregon nether immoderate enactment of Parliament oregon State legislature that is predicated upon the rank of a Scheduled Caste tin beryllium claimed by oregon extended to immoderate idiosyncratic who, by cognition of Clause 3 of the Constitution (Scheduled Castes) Order, 1950, is not deemed to beryllium a subordinate of a Scheduled Caste. This barroom is implicit and admits nary exception.”
Therefore, the CEO was obligated to travel the law, much peculiarly Clause 3 of the Constitution (Scheduled Castes) Order, 1950, and its accusation successful the contiguous predetermination and contented due directions to each the Returning Officers to judge nominations arsenic per this ineligible provision, the PIL petitioner insisted.
Mr. Sampath besides claimed to person reliably learnt that 90% of the candidates who had submitted their nominations truthful acold successful the 44 reserved constituencies for the Assembly elections this year, had converted to Christianity and therefore, are ineligible to contention successful those constituencies.
Since the last time for filing of nominations is April 6, 2026, and the nominations volition beryllium taken up for scrutiny connected April 7, 2026, the litigant told the tribunal it is imperative for the CEO to contented indispensable instructions to the Returning Officers to cull the nominations filed successful reserved constituencies by candidates professing a religion different than Hinduism, Sikhism, oregon Buddism.
