Can you question Devikulam MLA’s caste without first challenging his caste certificate, SC asks defeated poll rival

Supreme Court questions Congress candidate's challenge to CPM leader's caste certificate in Kerala election dispute.

The Supreme Court on Wednesday (September 4, 2024) asked defeated Congress candidate D. Kumar whether he can question Kerala’s Devikulam MLA A. Raja’s identity as a member of the ‘Hindu-Parayan’ community without first challenging and proving that the Communist Party of India (Marxist) leader’s caste certificate was invalid or illegal.

“To back your claim that he (Raja) does not belong to the Scheduled Caste community and is a Christian, you have to first cross the hurdle of showing us in your pleadings that you had challenged his caste certificate,” Justice A.S. Oka, heading a three-judge Bench, told Mr. Kumar’s counsel.

Mr. Raja, a CPM leader, had appealed the Supreme Court following a Kerala High Court decision to invalidate the 2021 Assembly election for the Devikulam reserved seat and disqualify Mr. Raja as a legislator. The High Court had found him ineligible for Scheduled Caste reservation on the ground that he was a Christian convert. The High Court had ordered Mr. Raja to stand trial.

The Supreme Court stayed the High Court decision in 2023.

“He (Raja) had placed his caste certificate along with his nomination forms… Nobody has pleaded that his caste certificate is invalid or illegal… For anybody to say he is not a Scheduled Caste, you should challenge the caste certificate in the election petition… Can you make enquiries on the caste without challenging the validity of the caste certificate? That hurdle has to be crossed,” Justice Oka observed.

The Congress candidate’s counsel sought time to respond to the court’s query. The Bench listed the case for Wednesday next week.

In his appeal, Mr. Raja said he was a member of a Scheduled Caste, namely ‘Hindu-Parayan’ by birth and professing Hindu religion all through his life.