Reservation in Assembly Election

      In an election ,the Scheduled Classes of peoples are permitted the caste certificate for the purpose of nomination in a reserved constituency and also for the deposit exemption for general constituencies.The,095-Vaikom(SC)Legislative Assembly Constituency is reserved for scheduled classes, hence the caste certificate is entitled for both nomination and deposits.

      The registration u/s .29A(5) of the Representation of People Act 1951,the memorandum of association and bye law of every political parties shall provide the exact wording " Secularism" in the text of party constitution.

      Form "A" by notification No.O N.121(E) dated 15-12-1997 and Form "B" by Notification No.O.N.11(E) dated 14-1-1998 were under the Election Symbols ( Reservation and Allotment) Order 1968, in para 13(c) , (d) and ( c) of the said order respectively only eligible for the political parties registered under section 29A of the Representation of People Act 1951.

      There are seven (7) political parties such as CPI, INC, BDJS, BSP, PDP, SUCI(I), and CPI(ML)RED STAR. applied in Form A and B to the Chief Electoral Officer, Kerala and the Returning Officer of 095-Vaikom Legislative Assembly Constituency  (reserved for Scheduled Castes).These "Secular " parties applications in Form " A" and "B "  illegally approved by the said Chief Electoral Officer and the Returning Officer and indulged the reserved political party symbols in the Vaikom scheduled caste reserved constituency adversely affected to the petitioner under section 54 of the Representation of People ( Amendment) Act 1961.(40 of 1961)section. 12.(w.e. f. 20-9-1961)

      Since there is non any law made by the Parliament or any Presidential Order entrusted the Chief Election Commission or the State Chief Electoral Officer or the Returning Officer to alter or modify or amalgamate the reserved symbol of political party with the nomination paper of Scheduled Castes candidates in scheduled caste reserved constituencies .Such approval creates the practice of promotion of the caste system of that particular candidate in scheduled caste reserved constituency ,the approval of applications  in Form "A" and " B" of the seven (7) secular parties in 095- Vaikom Scheduled Caste Legislative Assembly Constituency in connection with the election 2016 is a flagrant violation of secularism of political parties under section 29A(5) of the Representation of People Act.1951.

      Unless there is such an existing order or law permitted the amalgamation or alter or modify the " A" and "B" application of each political party with the nomination paper of a scheduled caste candidate, the amalgamation, alteration or modification of “A” and “B” application of seven (7) political parties with each nomination papers of seven (7) scheduled caste candidates made by the Chief Electoral Officer, Kerala and the Returning Officer Vaikom Constituency shall be determined as void and declare the independent candidate been duly elected without revel.
This complaint registered at The Chief Electoral Officer at Niyama Sabha Complex, as  L.C.!93433, on 3rd May 2016.11.53.PM.the message revived From DM-CEOKER

IS THE POLITICAL PARTY HAS ENTITLED THE SCHEDULED CASTE RESERVATIONAL STATUS ? UNLESS THE ANSWER IS 'NO' THEIR RESERVED SYMBOLS HAS ALSO NOT ENTITLED THE RESERVATION STATUS ....
UNDER THE REPRESENTATION OF PEOPLES ACT 1950 AND ITS AMENDMENTS THE CHIEF ELECTION COMMISSION OF INDIA OR CHIEF ELECTORAL OFFICER KERALA OR THE RETURNING OFFICER OF THE SCHEDULED CASTE RESERVED CONSTITUENCY IS NOT THE STATUTORY AUTHORITY  INCLUDE POLITICAL PARTY INTO SCHEDULED CASTE STATUS , HENCE THE INDULGENT OF POLITICAL PARTIES DONE BY THE RETURNING OFFICER IN 14 RESERVED CONSTITUENCIES SHALL BE VOID...  

The nomination paper of the returned candidate is a mixture of religion and secularism.Mixing religion and secularism is prohibited under Article 14 ,15 16 and 25 of the Constitution of  India. The Honorable Supreme Court of India in Civil Appeal No 37 of 1992 observed that the constitution does not recognize mixing of religion and secularism. inAbbiram Sing Vs. C.D>Commachan case.



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