Returning Officers Can Reject Fake SC Candidates; Courts Cannot Interfere During Ongoing Elections: Madras High Court

The Madras High Court has held that Returning Officers already possess sufficient statutory powers to scrutinize and reject nomination papers supported by false caste certificates or fraudulent declarations, and courts cannot intervene in the middle of an ongoing electoral process.

Dismissing a writ petition filed by social activist Arjunan Sampath, the Division Bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan refused to issue directions for enhanced scrutiny of candidates contesting from Scheduled Caste (SC) reserved constituencies in Tamil Nadu.

The petitioner argued that individuals who had converted to religions such as Christianity or Islam were allegedly continuing to use Scheduled Caste certificates and contesting elections from SC-reserved constituencies, thereby undermining constitutional protections meant for genuine SC communities. He sought judicial directions requiring deeper verification of candidates’ caste and religious status before acceptance of nominations.

Rejecting the plea, the Court noted that Article 329(b) of the Constitution creates a complete bar against judicial interference in electoral processes once elections are underway. Any challenge relating to a candidate’s qualification or disqualification must be raised through an election petition after the declaration of results.

The Bench further observed that Clause 3 of the Constitution (Scheduled Castes) Order, 1950 clearly excludes persons professing religions other than Hinduism, Sikhism, or Buddhism from Scheduled Caste status. It also highlighted that Election Commission guidelines already require Returning Officers to verify caste certificates during nomination scrutiny.

Finding no evidence of any fraudulent candidature or systemic failure, the Court held that the existing legal framework is adequate and dismissed the petition.