Supreme Court sets aside Kerala High Court verdict annulling CPM leader A Raja’s election

Congress leader D Kumar, who was the runner-up from Devikulam in the 2021 Assembly polls, had challenged Raja’s election in the HC on the ground that the CPI(M) had converted to Christianity. Kumar had also claimed that Raja’s wife was a Christian and the two had married in accordance with Christian religious rites. Raja had contended that he belonged to the Hindu Parayan (SC) community and cited the caste certificate issued by Tahsildar, Devikulam.

After going into Raja’s family history, church records, marriage photos, rituals performed at the time of marriage etc, the HC on March 23, 2023, ruled that his election was void.

Pointing to their wedding photographs, the dress worn by the couple during the marriage, the presence of a pastor, and the fact that Raja “was blessed by drawing a cross on the forehead”, the HC had said: “All these would sufficiently show that the respondent was actually professing Christianity at the time when he had submitted his nomination and converted to Christianity long before its submission. As such, after the conversion, he cannot claim as a member of Hindu religion.” Hearing Raja’s appeal against the HC judgment, the SC, however, disagreed.

Justice Amanullah, writing for the bench, said, “the term used in the 1950 Order (The Constitution (Scheduled Castes) Order, 1950) is ‘professes’, signifying that a person although born in a particular religion can profess another religion, inter alia, by practicing the rituals of that other religion as the basic tenets of his beliefs and lifestyle. Adherence merely to some ritual of another religion would not tantamount to giving-up the original religion, unless the person concerned makes such belief explicit.” The SC said that “from the evidence available, it is not possible to hold that the Appellant ‘professes’ Christianity.” It added, “the evidence adduced…would reveal that the Caste Certificate(s) issued in his (Raja’s) favour by the Competent Authority till date hold the field. The…Caste Certificate has not been interfered with, either by the Impugned Judgment or by the authority(ies) concerned.”

The court said that the validity of a Caste/Community Certificate cannot be assailed in an Election Petition, except if the concerned state makes a law to this effect. The top court said that “the records from the school where” Raja’s “children study show them as members of the Hindu-Parayan caste.” The SC bench, however, clarified that “we have not opined on the legality or otherwise of the Caste/ Community Certificate(s) held by the Appellant.”

“Our view herein is not determinative of its validity or invalidity. Any challenge thereto, if and when raised in accordance with law, shall be considered on its own merits,” it said,

Setting aside the HC judgment, the SC said Raja is entitled “to all consequential benefits as a member of the legislative assembly for the entire period.”