PIL in Madras HC seeks campaign against electioneering on basis of religion, caste, or language

Chennai: The Madras High Court has sought the response of the Election Commission of India (ECI) on a Public Interest Litigation (PIL) seeking a nationwide campaign against seeking votes on the grounds of religion, caste, or language.

A division bench of Acting Chief Justice R. Mahadevan and Justice Mohammed Shaffiq issued notice to the poll panel, returnable by 12 weeks.

Petitioner, advocate Rajesh Anouar Mahimaidass of Vellore, argued the case himself, telling the court that the preamble of the Constitution unambiguously declares India to be a secular nation.

He also cited the 2017 Supreme Court judgment in Abhiram Singh versus C.D. Commachen (2017) which had interpreted Section 123 (1) of the Representation of the People Act,1951 to declare that seeking votes in the name of religion, caste, or language would amount to a corrupt electoral practice.

The petitioner, during the argument, sought that an awareness campaign on the subject be conducted even during non-election periods. He also informed the court that he had made several representations to the ECI but there was no response.

He called for an awareness campaign across the country through mainstream and social media against hate speeches.

Advocate Mahimaidass also wanted the ECI and Chief Electoral Officers of all states to disseminate this information prominently on their websites. He also urged the court to appoint an independent commission of retired judges and human rights activists to oversee the enforcement of the Supreme Court's 2017 verdict.