26-Sep-2024 04:29 PM
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New Delhi, Sep 26 (Reporter) The Supreme Court on Thursday reserved its order on a petition filed by CPI(M) leader A Raja challenging the Kerala High Court's 2023 decision to set aside his election from the Devikulam Assembly constituency.
The High Court had declared Raja's 2021 election void because he was not a member of 'Hindu Parayan' within the State of Kerala, so he was not qualified to be chosen to fill the Devikulam Assembly constituency seat that was reserved for Scheduled Caste among Hindus.
The Supreme Court had stayed the High Court's order in April this year.
A bench of Justice Abhay S Oka, Justice Asaduddin Amanullah and Justice AG Masih asked whether this certificate could be challenged in an election petition. Can the court go into the challenge to caste certificate when the authority who had issued it is not before the court?"
Senior Advocate Narendra Hooda appearing for the complainant told the court that A Raja's grandparents were permanent residents of Tamil Nadu.
The Bench questioned this statement saying that their residence could not be interpreted this way.
In response, Senior Advocate Hooda told the court that Raja's grandmother had come to Kerala only for employment.
Senior Advocate V Giri appearing for Raja said, that in the election petition, the caste certificate was challenged.
Justice Oka asked whether the High Court could set aside the caste certificate without hearing the competent authority concerned.
The High Court had considered whether Raja could claim the benefit of Scheduled Caste in relation to State of Kerala when it had been admitted that his parents had migrated from Tamil Nadu
The Apex Court had earlier asked the complainant if the High Court could have made a finding on Raja's caste status when the caste certificate was not challenged.
The Court after hearing both the parties reserved its order...////...