New Delhi: In a majority verdict, the Supreme Court on Monday held that any appeal for votes on the ground of “religion, race, caste, community or language” amounted to “corrupt practice” under the election law provision.
Referring to the term ‘his religion’ used in section 123(3) of the Representation of The Peoples (RP) Act, which deals with ‘corrupt practice’, Chief Justice T S Thakur and three others in the 4:3 verdict said it meant the religion and caste of all including voters, candidates and their agents etc.
The court’s bench said by a ratio 4:3 majority that elections are a secular practice and the connection between people and whom they follow is their personal choice. Therefore, the state is refused to interfere in such a practise, the court said.
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However, the minority view of three judges – UU Lalit, A K Goel and D Y Chandrachud – held that the term ‘his’ religion means the religion of candidate only.
The majority view, also shared by Justices M B Lokur, S A Bobde and L N Rao, said ‘secularism’ has to be considered while dealing with such issues.
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