Seeking votes on religious basis a corrupt act: SC

Mangalore Today News Network

New Delhi, Jan 03, 2016: Terming religion a very private relationship between man and his God, a seven-judge Bench of the Supreme Court on Monday, in a majority judgment, held that an appeal for votes during elections on the basis of religion, caste, race, community or language, even that of the electorate, will amount to a ‘corrupt practice’ and call for disqualification of the candidate.

“Election is a secular exercise and therefore a process should be followed… The relationship between man and God is an individual choice and state should keep this in mind,” the Supreme Court held in a majority judgment of 4:3. The court was interpreting the pronoun ‘his’ used in Section 123 (3) of the Representation of the People Act.

The provision mandates that it would amount to a ‘corrupt practice’ if a candidate or his agent or any other person, with his consent, appeals for votes on religious or such grounds.

The question referred to the Constitution Bench led by CJI T.S. Thakur on a batch of poll petitions was whether the word ‘his’ only meant a bar on appeals made in the name of the candidate or his rival or his agent or others in his immediate camp. Or, does the word also extend to soliciting votes on the basis of the religion, caste, community, race, language of the electorate as a whole.