In a marked departure from the view held in the 1995 “Hindutva” judgement that the term ‘his’ used in section 123 (3)of the Representation of the People Act meant the religion, caste, etc of candidates only, a seven-judge bench headed by the then Chief Justice TS Thakur, by a majority of 4:3, held that any appeal for votes on these grounds would amount to “corrupt practice”.
The court held that the provisions of the RP Act, which say that seeking vote by a candidate in the name of “his” religion, caste, race, religion and language in the election law, included candidates, his agents and voters also.
“An appeal in the name of religion, race, caste, community or language is impermissible under the RP Act, 1951 and would constitute a corrupt practice sufficient to annul the election in which such an appeal was made regardless whether the appeal was in the name of the candidate’s religion or the religion of the election agent or that of the opponent or that of the voter’s,” the CJI, who concurred with majority verdict written by Justice MB Lokur, said.
