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Court dismissed a PIL that sought direction to the ECI to ensure that the campaign in the election is not based on religion and caste
The Madras High Court recently observed that despite 75 years of independence, democracy in India remains in its infancy, emphasizing that transformative political and electoral reforms cannot happen overnight.
Court made these remarks while dismissing a petition that sought directions to the Election Commission of India (ECI) to enhance voter awareness regarding the constitutional preamble and restrictions on religion-based electioneering.
A division bench comprising Justices R. Subramanian and G. Arul Murugan said that issuing a mandamus compelling the ECI to undertake such measures was unwarranted, particularly in light of the counter-affidavit filed by the Commission. The ECI asserted that it has been consistently working to maximize voter turnout and curb election campaigns based on caste and religion.
The petition, filed by Rajesh Anouar Mahimaidoss, urged the court to direct the ECI to launch widespread awareness campaigns through social media, mainstream media, and public spaces, including theatres, to educate citizens and political representatives about the constitutional preamble, the Supreme Court’s 2017 judgment in Abhiram Singh v. C.D. Commachen, and the provisions of the Representation of the People Act, 1951, that prohibit appeals to religion in electioneering. Additionally, the petitioner sought formation of an independent commission comprising retired judges and human rights activists to oversee the enforcement of these provisions.
The high court, while acknowledging the concerns raised, refrained from issuing any directions, highlighting the gradual nature of democratic evolution. "In a vast country like ours, change cannot be overnight. Democracy, though, is 75 years old, is still in its infancy. Therefore, we can only hope that things change at least after some time and the people concerned namely, the citizens as well as the politicians change and they do not adopt caste or religion as the basis for either contesting in the election or for their voting preferences," the bench observed.
With this, the court dismissed the petition, underscoring that while electoral reforms remain crucial, their implementation must be organic rather than judicially mandated.
Case Title: Rajesh Anouar Mahimaidoss The Election Commission of India
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