The Madras High Court on Tuesday, 7 April 2026, issued notice to the Election Commission of India and Tamil Nadu electoral authorities on a plea seeking directions to ensure that only those professing Hinduism, Sikhism, or Buddhism are permitted to contest elections from constituencies reserved for Scheduled Castes (SC), as reported in Bar and Bench.
The plea was filed by Hindu Makkal Katchi (IMK) leader Arjun Sampath in the case titled Arjun Sampath vs Chief Electoral Officer.
A Bench comprising Chief Justice SA Darmadhikari and Justice Arul Murugan permitted advocate Niranjan Rajagopalan, appearing for the Election Commission, to accept notice and seek instructions.
The Court directed that the matter be listed after two days for further hearing.
During the hearing, the Bench raised concerns over the practical enforceability of the relief sought, particularly questioning how Returning Officers could verify a candidate’s religion at the stage of scrutiny of nomination papers.
“Returning Officer has to go by the certificate and declaration filed,” the Bench observed, noting that candidates declare their status through caste certificates and sworn statements at the time of filing nominations.
The Court further questioned how authorities could go beyond such declarations.
“How will you test it?” the Bench asked, referring to situations involving conversion or reconversion, which may require evidence and adjudication beyond the scope of election officials.
It also noted that if a declaration is later found to be incorrect, it would give rise to a dispute requiring appropriate legal proceedings.
“If ultimately it is found that the certificate is not rightly used, it is a dispute,” the Court remarked.
The Bench additionally flagged the constitutional bar under Article 329(b), which limits judicial interference in electoral matters once the election process is underway.
The petitioner relied on the Constitution (Scheduled Castes) Order, 1950, arguing that Scheduled Caste status is confined to persons professing Hinduism, Sikhism, or Buddhism.
The plea also cited a recent judgment of the Supreme Court of India holding that persons professing other religions cannot be treated as members of Scheduled Castes, terming the disqualification “categorical and absolute.”
The petitioner contended that Returning Officers must be directed to strictly scrutinise nomination papers and reject ineligible candidates at the threshold.
However, the Court questioned whether such directions would effectively require a “roving enquiry” by election officials into candidates’ religious identity.
The Bench declined to grant any interim relief, observing that nothing irreversible would occur in the next 48 hours and that the issue could be examined in detail on the next date of hearing.
The matter will now be taken up after two days, when the Election Commission and other authorities are expected to place their responses on record.
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