Karnataka Elections: Supreme Court dismisses petition challenging Congress manifesto

Even as the Karnataka elections fast approach, the Supreme Court today declined to entertain a petition alleging that the Congress party’s manifesto violates the Constitution, the Representation of Peoples Act and the judgment of the Court in Abhiram Singh v. CD Commachen..A Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud heard advocate Vishnu Shankar Jain, who appeared for the petitioner, Bajrang Dal member Pramod Muthalik..The petitioner placed heavy reliance on the Supreme Court judgment in Abhiram Singh v. CD Commachen to buttress his case..Jain argued that the election manifesto of the Congress party appeals for votes of the minority community and falls foul of “secularism” envisaged in the Constitution..He submitted that it is also in the teeth of CD Commachen..“Today they do it in the name of the minority community. Tomorrow somebody else might do it in the name of the majority community. This will never end”, submitted Jain..The Court, however, declined to entertain the plea..“Offering remedy to alleviate social or economic backwardness of a community is not an appeal in the name of religion”, remarked Justice DY Chandrachud..The Court also said that the CD Commachen judgment will not apply in this case, as it was a decision on the scope of Section 123(3) of Representation of People Act, 1951 and whether the words ‘his religion, race, caste, community or language’ appearing in the said provision would mean the religion, race caste or community of the candidate or the voter/ elector..Therefore, the Court refused to interfere but noted that the petitioner can take recourse to appropriate statutory remedy after the elections.