‘Practising Christian, Not A Scheduled Caste Member’: Kerala High Court Annuls CPM MLA A Raja's Election From Reserved Constituency
2 years ago

‘Practising Christian, Not A Scheduled Caste Member’: Kerala High Court Annuls CPM MLA A Raja's Election From Reserved Constituency

Live Law  

The Kerala High Court on Monday declared CPM candidate A. Raja's 2021 election from the Devikulam Assembly constituency as void. Justice P. Somarajan said Raja is not a member of 'Hindu Parayan' within the State of Kerala and thus not qualified to be chosen to fill the Devikulam Assembly constituency that had been reserved for Scheduled Caste among Hindus.Factual MatrixThe petitioner, D. The Kerala High Court on Monday declared CPM candidate A. Raja's 2021 election from the Devikulam Assembly constituency as void. Justice P. Somarajan said Raja is not a member of 'Hindu Parayan' within the State of Kerala and thus not qualified to be chosen to fill the Devikulam Assembly constituency that had been reserved for Scheduled Caste among Hindus. The respondent and his predecessors were not Hindu Parayan within the State of Kerala as on the date of promulgation of 1950 Order, though they belonged to the same Community within the State of their origin – Tamil Nadu and they can very well claim benefit, if any, conferred upon them in their State of origin and not from the State of Kerala," the Court observed, on finding the respondent not qualified to be chosen to fill a seat in the Legislative Assembly of the State of Kerala reserved for Scheduled Caste. In short, on both the grounds, it is clear that the respondent is not a member of “Hindu Parayan” within the State of Kerala and not qualified to be chosen to fill a seat in the Legislative Assembly of the State of Kerala reserved for Scheduled Caste – the Legislative Assembly Seat of 088 Devikulam Legislative Constituency and hence the election of respondent as the returned candidate for the said Constituency in the year 2021 is declared void under Section 98 of Representation of People Act, 1951," the court held while allowing the petition.

Christianity Tamil Nadu Kerala Constitution Court Election Kerala High Court Order Constituency Hindu State Hindus Respondent Christian Cpm Raja His Parents Member His Grandparents Reserved Scheduled Tribe Scheduled Caste Union Territory Such Person That State Returned Candidate Hindu Parayan Kundala Estate Parayan  kerala  respondent  high  rajas  election  court  hindu  scheduled  caste  parayan  order  practising  cpm  state  constituency  member  reserved  mla

History of this topic

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Live Law  

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1 year, 10 months ago

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Live Law  

The Supreme Court on Friday stayed the order of the Kerala High Court that had declared the election of CPI MLA A. Raja from Devikulam reserved constituency as void, on the ground that a practising Christian could not be a Scheduled Caste member. The Kerala High Court on 20th March 2023 had annulled the CPM MLA’s election stating that he …

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Op India  

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The Hindu  

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Live Law  

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