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2026 Supreme(Online)(Mad) 50697

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, G.Arul Murugan, J
Arjunan Sampath – Appellant
Versus
Chief Electoral Officer and Principal Secretary to Government – Respondent
WP No.13425 of 2026 | WMP No.14679 of 2026



Advocates:
For the Appellants/Petitioners: S.Karthikei Balan
For the Respondents: Niranjan Rajagopalan

A writ petition under Article 226 of the Constitution cannot interfere with an ongoing electoral process due to the bar under Article 329(b); any grievance regarding candidate qualification must be raised through an election petition after the election results are declared.

Headnote:The petitioner filed a writ petition seeking a mandamus to enforce stricter scrutiny of nomination papers in Scheduled Caste reserved constituencies, citing concerns over ineligible candidates using fraudulent certificates. Statutes involved include the Constitution (Scheduled Castes) Order, 1950 and the Representation of the People Act, 1951. The court determined that the petition was not maintainable due to the constitutional bar on interfering with ongoing election processes. The central issues framed by the court were the maintainability of a writ petition under Art. 226 during an ongoing election and whether a legal vacuum existed regarding the verification of caste status. Interpreting Art. 329(b) of the Constitution, the court held that election outcomes can only be challenged post-result through an election petition under S. 100 of the Representation of the People Act, 1951, precluding judicial intervention during the nomination scrutiny phase. The writ petition is dismissed for being devoid of merits.

Table of Content
1. petitioner requests mandatory scrutiny of sc status for electoral candidates. (Para 1 , 2)
2. arguments regarding candidate eligibility vs. election process non-interference. (Para 3 , 4)
3. bar on writ petitions during ongoing elections under art. 329(b). (Para 5 , 6 , 7 , 8 , 9 , 10 , 12 , 13 , 14)

PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent to consider the representations dated 30.03.2026 and 1.04.2026 and pass appropriate orders to scrutinize the nomination papers filed by candidates contesting from the Scheduled Caste reserved constituencies in the State of Tamil Nadu by taking into account Clause (3) of the Constitution (Scheduled Castes) Order, 1950 and the law declared by the Supreme Court in Chinthada Anand vs. State of Andhra Pradesh vide Criminal Appeal No.1580 of 2026, dated 24.03.2026.

ORDER (Order of the Court was made by the Hon'ble Chief Justice)

1. This writ petition has been filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent to consider the representations dated 30.03.2026 and 01.04.2026 and pass appropriate orders to scrutinize the nomination papers filed by candidates contesting from the Scheduled Caste reserved constituencies in the State of Tamil Nadu by taking into account Clause (3) of the Constitution (Scheduled Castes) Order, 1950 and the law declared by the Supreme Court in Chinthada Anand vs. State of Andhra Pradesh , 2026 SCC OnLine SC 466.

2. The petitioner claims to be public-spirited and raises concerns regarding the potential infiltration of non-Scheduled Caste candidates into reserved electoral constituencies by way of fraudulent declarations. The petitioner contends that the existing mechanisms employed by the election machinery are inadequate to filter out candidates who have converted to other religions such as Christianity or Islam, but continue to fraudulently retain and utilize their erstwhile SC certificates to contest from seats exclusively reserved for Scheduled Castes.

3. Learned counsel for the petitioner contends that the unique constitutional protections, reservations, and benefits carved out specifically for the socio-economically marginalized Scheduled Caste communities under the Constitution of India are being systematically eroded and hijacked by ineligible individuals.

3.1. Learned counsel for the petitioner contends that the unique constitutional protections, reservations, and benefits carved out specifically for the socio-economically marginalized Scheduled Caste communities under the Constitution of India are being systematically eroded and hijacked by ineligible individuals.

3.2. It is further contended that individuals who have voluntarily converted to other religions, specifically those not recognized under Clause 3 of the Constitution (Scheduled Castes) Order, 1950, such as Christianity or Islam, continue to actively hold and utilize their erstwhile Scheduled Caste community certificates. The petitioner argues that allowing such individuals to contest from seats exclusively reserved for Scheduled Castes amounts to a deliberate "fraud on the Constitution."

3.3. It is argued that the existing verification mechanisms and the scrutiny performed by the Returning Officers (ROs) under the current rules are superficial and inadequate to detect cases of latent religious conversion. It is contended that the administrative machinery merely looks at the face of the community certificate without conducting a deeper, substantive inquiry into the actual religious profession of the candidate at the time of filing the nomination.

3.4. It is submitted that the continuous infiltration of converted individuals into reserved constituencies directly infringes upon and dilutes the political and democratic rights of genuine, practicing Scheduled Caste citizens who have remained within the fold of the religions specif

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