Supreme Court Sets Aside Kerala HC Judgment Which Anulled Election Of CPI(M) MLA A Raja

It was contended that Raja's paternal grandparents were residents of Tirunelveli, Tamil Nadu, who had migrated to Kerala in 1951, and his parents had been baptized by the CSI Church in 1992, and that the respondent himself was a baptized Christian, who had married as per Christian religious rites.

It was argued that the objection raised by the petitioner before the Returning Officer against the acceptance of nomination was rejected without assigning any valid reason, and the respondent was declared elected by a margin of 7848 votes after the election.

Contrary to the claim that he was a member of the 'Hindu Parayan' community, it was argued by the petitioner that Hindu Parayan is a scheduled caste with the State of Tamil Nadu in Part XVI of the Schedule to the Constitution (Schedule Castes) Order, 1950.

Raja in response argued that he belonged to the Hindu Parayan Community in the State of Kerala. He averred that as his grandparents had been issueless for a long period, they offered prayer in a nearby church, resulting in his father being given a Christian name. He further contended that his mother's name was not Esther but Easwari and that both his parents were Hindus who had never converted to Christianity. He also disputed the allegations made for his Baptism, and that he had married his wife as per Christian religious rites.

Kerala High Court's findings

Contrary to Raja's claim that his grandparents were residents of Kerala as of the date of commencement of the Presidential Order, 1950, the High Court had observed that the documents on record did not indicate an actual migration of Raja's grandparents to Kerala with all its intent, before the commencement of the Order.

The Court had also perused the Family Register, Baptism Register, and Burial Register kept by CSI Church, Kundala, Kerala and noted that there had been certain overwritings, corrections, and erasure of earlier entries. It also observed that the photographs of Raja's wedding resembled that of a Christian marriage. The High Court remarked: "All these would sufficiently show that the respondent was actually professing Christianity at the time when he had submitted his nomination and converted to Christianity long before its submission. As such, after the conversion, he cannot claim as a member of Hindu religion.” The high court had observed in its March 2023 order."

Also from the judgment- Mere Performance Of Another Religious Ritual Doesn't Mean Giving Up Of One's Own Religion : Supreme Court

Case details: A. RAJA v. D. KUMAR| C.A. No. 2758/2023