BEFORE THE HONOURABLE CHIEF ELECTION COMMISSION OF INDIA
PATTIKAJATHI KSHEMA SAMITHI
Represented by its President,s
In Kerala Legislative Assembly there are 13 reserved Constituency for Scheduled Castes and one for Scheduled Tribes out of 140 Nos; that the constitutional right ensured the caste based candidature for reservation.
According to the political party in India they belongs to aristocrats and upper castes. Therefore they are not entitled to support in any manner or promote any particular castes or caste system in election. Nevertheless the political party interfering in the Scheduled Caste based constituency in the label of politics and they shall not allowed the forcible application of their symbol or any support to the candidate in such a motive to servitude the reservation right of Scheduled Castes candidature .They are applying cretin restrictions of the upper caste supremacy upon the Scheduled Caste candidature when such candidate enjoying his constitutional rights as a Member of Legislative Assembly. Therefore the support done by the upper caste political party or providing any symbol or any interference shall be treated as contrary to the freedom of reservation and also the contradict ional activity of the Peoples Representation Act 1951 of India.
Having be the Minister by reservation percentage is the constitutional right of Scheduled Castes MLAs in each ministry of Kerala. However the decision taken by the upper caste political party in the selection of Ministers, treated in a worse manner against the Scheduled Caste MLAs and practicing the upper caste sovereignty against the Scheduled Caste reservation system due to avoiding the ruling process in various departments of Kerala. Moreover the 60 years lapsed , the political party continuing discrimination against the Scheduled Caste MLA as a Chief Minister and in the governing status similarly in various departments that they are legally entitled to do as reservation percentage ensured by the Constitution of India.
The political party promoting enemity between different Scheduled Caste members and opposing the absolute freedom of caste based candidature in reserved constituency. They the political party entered into and illegally inserting control over the Scheduled Caste Candidature by providing some kind of support for them is illegal and shall be prevented .Due to that the Scheduled Caste MLAs are terribly obstructed to enjoy the absolute freedom of their right to rule as an MLA or Minister in the Assembly. Therefore if they supply or provide any symbol or provide any support as direct or indirect in any Scheduled Caste reserved constituency shall be illegal and also against the Peoples Representation Act 1951.
The intention of the legislature and the constitution of India shall not
permitted to interfere upon the freedom of caste based reservation of candidature according to the Peoples Representation Act 1951. In the above circumstances the petitioner having no other alternative remedy other than to approach this Honorable Election Commission of India for the redressel of grievance. The following among other grounds the Commission may presume .
a) The registration of the political parties under Section 29A of the Representation of Peoples Act 1951 most of the members of such party even if it is National or State were upper castes or other than Scheduled Caste . In such a status the political party treated as upper castes or upper sovereignty.
b) When a Scheduled Caste candidate in a legislative constituency has made a deceleration and choose a symbol of a political party in his nomination paper he shall be deem to be set up by that political party and such a candidate become a representative of such upper castes ; even he belongs to scheduled caste . Therefore that setup of such political party is an infringe interference upon the caste based reservation and it is the humilitation of caste based candidature.
c) Due to the support and influence of upper caste political party , the election in a reserved constituency only for scheduled caste be ignored and shall be prevented by the concerned authority ; while the election declared in forthcoming election for Legislative Assembly in Kerala-2011.
d) The political party promoting enemity between different groups of Scheduled Castes on the ground of religion , race and doing acts prejudicial to maintenance of harmony among Scheduled Caste in such reserved Constituency.
e) The upper caste political party defeating the freedom of caste based candidature with their represented candidate by putting upon him their symbol . It is absolutely the practice of slavery . Therefore the abolition of slavery shall be prevented by the authority in election under the Representation of Peoples Act.
f) The upper caste political party intentionally practicing the statutory disqualifications contained under section 8 of the Representation of Peoples act and section 153-Aand Section 125 of the same in connection
with the election.
g) According to the political party they cannot say that they are legally entitle to provide any support to any caste in election . Therefore if they supply or provide any symbol or provide any support as direct or indirect in any scheduled Caste reserved constituency shall be prevented.
For these and other grounds to be raised at the time of hearing it is humbly prayed that this Hon; Election Commission may be pleased to grant the following:-
1- All the candidates in Scheduled caste constituency shall be independent and shall prevent them from obtaining support from any national or state political party who belongs to upper caste as direct or indirect. The Commission shall declare by an order that if anybody act against that; shall be disqualified
2- The selection of Minister from elected members of the state Legislative Assembly shall be:-
Firstly- Walkover has the first preference.
Secondly –High score of the votes they obtained
Thirdly- If two or more become the same –shall be tossed
3.All elected MLAs are entitle to obtain the reservation percentage as Co- Ministers in every departments.
4-Arrange a particular Block for the Scheduled Caste MLAs in State legislative Assembly hall
5- Prevent the upper caste political party’s servitudional activities against the Scheduled Castes candidates and flow of support from them , and shall prevent any force in reserved constituency in Kerala in forthcoming Assembly election 2011.
INTERIM RELIEF SOUGHT FOR
Direct the state Election Commission of Kerala State to take appropriate action against the illegal activity of the upper caste political party in reserved constituency for Scheduled Castes during the election forthcoming in the State Legislative Assembly on 2011.
BEFORE THE HONOURABLE CHIEF ELECTION COMMISSION OF INDIA
PATTIKAJATHI KSHEMA SAMITHI
Represented by its President,
The petitioner represented a Scheduled caste non government organization certified Under Section 80 G. of Income Tax Act 1961 having its jurisdiction around Kerala state; engaged in the welfare activities related to Scheduled Castes .It is undertaking the eradicational programs against all forms of exploitations related Scheduled Castes . The upper class peoples are the leaders and majority of each national and state political parties. The Political party symbol and support servitude upon the Scheduled Caste based candidature and they applying party wip upon the caste system . The political party supporting the promotion of enimity between different groups of scheduled castes in each reserved constituency . They doing acts prejudicial to maintenance of harmony among Scheduled Castes. Though 60 years lapsed no action has been taken by the Chief Election Commission against this matter yet upon the freedom of assembly elections of Scheduled castes based Candidature of Scheduled Castes .Though 11 assembly election passed the state Election Commission denied to provide the Scheduled Caste reservation ratio in Chief Minister Post in Kerala. Hence this petition is filed seeking for a direction to the State Election Commission of Kerala to consolidate the freedom of the elected members from Legislative and Parliament constituency of Scheduled Castes based reservation with a short span of (2) two months before the election of State Legislative Assembly on 2011.
Dated this the 01- Januery of 2011