A. Raja vs. D. Kumar 2025 INSC 629 -RP Act - Election Petition - Caste Certificates

Kerala (Schedule Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 - Section 10 - Caste/Community Certificate cannot be assailed in an Election Petition. Exception to the above proposition can only be by way of legislative carve-out in the State concerned, which will be determinative - ‘Any trial’ occurring in Section 10 does not include an Election Petition - if the legislation permits challenge to Caste/Community Certificate in an Election Petition, then the Madhuri Patil v Commr., Tribal Development, (1994) 6 SCC 241 guidelines cannot come in the way. (Para 45)

Constitution (Scheduled Castes) Order, 1950- Mere observance/performance of a ritual of/associated with any religion does not ipso facto and necessarily mean that the person ‘professes’ that religion That is why the term used in the 1950 Order is ‘professes’, signifying that a person although born in a particular religion can profess another religion, inter alia, by practicing the rituals of that other religion as the basic tenets of his beliefs and lifestyle. Adherence merely to some ritual of another religion would not tantamount to giving-up the original religion, unless the person concerned makes such belief explicit-(Para 34) As far as marriage rites are concerned, per se, assuming a practice associated with one religion was followed/observed, the same, ceteris paribus, would not mean the person ‘professes’ the said other religion.

Kerala (Schedule Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 - A Caste Certificate could be invalidated, in the first instance, by the Caste Scrutiny Committee, whose decision could be challenged in writ proceedings under Article 226 of the Constitution.

Precedents - Doctrine of Sub Silento - Quoted from Municipal Corpn. of Delhi v Gurnam Kaur, (1989) 1 SCC 101 . (Para 48)

Representation of People Act - An Election Petitioner is obligated to plead and prove his case beyond reasonable. (Para 57)

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