Supreme Court has started hearing on if votes can be sought on religious grounds.
Does using Hindutva or Hinduism amount to exploitation of religious sentiments and will it warrant the disqualification of a candidate - this was the crucial question on which the Supreme Court started a hearing today. The seven-judge bench was headed by Chief Justice of India Justice TS Thakur.
During the day-long hearing, the top court posed several questions to the lawyers arguing the case, but declined to entertain a request to seek the assistance of the Attorney General.
The court will examine three key questions:
- Does a candidate of a particular community seeking vote in the name of his majority community amount to corrupt practice?
- Can a person from a particular community seek votes from members of his community for a candidate belonging to another community - for example can a Hindu seek Hindu votes for a Muslim candidate and vice versa?
- If a candidate uses speeches of a religious leader for his own electoral gains, will it be considered corrupt practice and his election be set aside?
In 1995 a three judge bench headed by former Chief Justice of India JS Verma had overturned a Bombay High Court verdict that set aside the election of Shiv Sena leader Manohar Joshi in Maharashtra. In the wake of the 1991-92 communal riots in Mumbai, Mr Joshi had appealed to voters to turn Maharashtra into India's first Hindu state. He became the state's chief minister in 1995.
In his judgment, Justice Verma said a mere statement that the first Hindu State will be established in Maharashtra was not an appeal for votes on grounds of religion but the expression, at best, of such a hope.
In August 2002, the matter was referred to a seven-judge bench for an authoritative pronouncement on the interpretation of the law that defines corrupt practice.
The case will be heard again tomorrow.