SC rejects plea on Cong manifesto for K'taka polls

A bench headed by Chief Justice Dipak Misra also referred to various judgements and said since 1952 till 2017, the top court has ruled that "once the poll process begins, no court shall interfere with it".

The counsel for Muthalik referred to a 7-judge bench judgement of 2017 and said it has been held that the practice of seeking votes in the name of religion was a "corrupt" act.

He sought a direction from the bench, also comprising Justices AM Khanwilkar and D Y Chandrachud, that the Congress be asked to remove certain clauses from its manifesto assuring sops to minorities on the ground of religion.

"Assuring minorities to alleviate their social and economic backwardness is not an appeal to seek votes in the name of religion," the bench said, dismissing Muthalik's plea.

The court then said the 7-judge bench judgement had dealt with the term 'his' used in section 123 (3)of the Representation of the People Act and seeking votes in the name of religion, caste, etc. It was held that the term "his" included candidate, his or her agents and voters as well, the bench said.

The apex court, on January 2, 2017, had delivered a landmark verdict to separate religion, caste and other issues from politics and by a majority of 4:3 had held as "corrupt" the practice of candidates appealing for votes on the basis of such identities. While dismissing Muthalik's plea, the bench said though it cannot interfere with the Karnataka poll process as the voting was scheduled on May 12, statutory remedies can be availed after election results are declared. The right-wing Rashtriya Hindu Sena chief had sought directions to the EC to delete the Congress party's alleged appeal in its manifesto.