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Abhiram Singh V. C.D. Commachen (DEAD) BY LRS. & ORS
Team SoOLEGAL | 01/01/1970

SEEKING VOTES ON GROUND OF RELIGION IS UNCONSTITUTIONAL –

Hon'ble Supreme Court ban on seeking votes over religion, race or caste. Held- “religion, race, caste, community or language would not be allowed to play any role in the electoral process”.   Section 123(3) of the Representation of the People Act defines as “corrupt practice” appeals made by a candidate or his agents to vote or refrain from voting for any person on the ground of “his” religion, race, caste, community or language. The Constitution forbids state from mixing religion with politics,” ruled a seven-judge constitution bench headed by Chief Justice T.S. Chief Justice Thakur, judges S.A. Bobde, Adarsh Kumar Goel and L. Nageswara Rao and Madan B. Lokur formed the majority opinion. Three judges—Adarsh Kumar Goel, U.U. Lalit and D.Y. Chandrachud—argued against it maintaining this was the prerogative of Parliament

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