JUDGMENT :

Pertaining to the election to the Legislative Constituency – Devikulam 088 in Idukki District in the year 2021 (6/4/2021), the petitioner came up challenging the election of returned candidate, the respondent, on the reason that the said constituency is reserved for Scheduled Caste among Hindus and the returned candidate is not a person belonging to Scheduled Caste among Hindus within the State of Kerala, hence violated the provision – Section 5 of the Representation of Peoples Act, 1951. The returned candidate Sri.A.Raja, S/o Antony is a Christian and not a member of Scheduled Caste. The objection raised by the petitioner before the Returning Officer against the acceptance of nomination was rejected without assigning any valid reason. After the election, the returned candidate was declared elected by a margin of 7848 votes.

2. It is alleged that the respondent is not a member of 'Hindu Parayan' within the State of Kerala. The grandparents of respondent on the paternal side are Pushpam and Lakshmanan, who were residents of Thirunelveli, Tamil Nadu, who migrated to Kerala in 1951 (the present district Idukki). It is further submitted that Hindu Parayan is a scheduled caste