SANGEET LODHA,J. - (1.) This writ petition (PIL) has been filed by the petitioner with the prayer in the following terms: "It is therefore, humbly prayed on behalf of petitioner that this writ petition for Public Interest Litigation may kindly be allowed and by an appropriate, writ, order or direction may kindly be issued to respondent and the following directions may kindly be passed for purpose to fair and impartial election beyond to the use of Caste and Religion by the Political Party and their Candidate:- a) That the General Direction may kindly be issued for all the Political Parties and the Candidates who contest the election, that they can only use their name and identity according to the registration in Electoral Roll and also according to the nomination form, the surname and the caste of the candidate cannot be publish during the election campaigning by any method of publication; b) That by an appropriate direction the holding of Castism Panchayat may strictly banned during the Election period and the use of any Worship Place of the particular Caste may also be banned by the political parties and their candidates; c) That strict direction may kindly be passed that any type of the datas cannot be issued by the print and electronic media with regard to the publication of the number of votes of any particular caste or community during the notification of legislative Assembly Election; d) That by an appropriate direction, all the candidates and their leader of the political parties may kindly be restrict to visit the any Temple, Mosque, Church, Ashram, Math and other worship place of any community during the notification of legislative Assembly Election; e) That a general restriction may be imposed that any type of the appeal on basis of religion and caste cannot be issued to the voters for use their vote; and f) That any other relief, which this Hon'ble Court deems fit, by which the petitioner may get full justice may also be allowed."
(2.) Precisely, in the instant petition keeping in view ensuing elections of Rajasthan State Assembly, the petitioner has raised grievance regarding the political leaders and the candidates desirous of contesting the elections, using Temple, Mosque, Church, Ashram, Math and other religious places as forum for election propaganda. The petitioner has also raised grievance regarding the candidates using their surname and caste for wooing the voters and muster support in their favour. According to the petitioner, in the electoral rolls as also in the nomination form, the surname and caste of the candidate should be permitted to be disclosed. Further, during the elections, the holding of caste panchayat needs to be strictly banned.
(3.) Learned counsel for the petitioner contended that as per provisions of Section 123 (3) of Representation of Peoples Act, 1951 (for short "the Act of 1951"), the appeal by a candidate or his agent or any other person with the consent of the candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of appeal to religious symbols for the furtherance of the prospect of the election of the candidate or prejudicially affecting election of any candidate falls within the definition of corrupt practise and therefore, the appropriate directions deserve to be issued to ban the caste panchayat and visit of the political leaders and candidates to the places of worship. Learned counsel submitted that the candidate contesting election should be permitted only to use their name and identity as disclosed in the electoral roll and they should be permitted to mention their surname and caste in the nomination form or to publish the same in any other manner whatsoever during the election campaign. Learned counsel submitted that the petitioner made representation to the Election Commission raising the grievance, but to no avail and therefore, he is constrained to approach this court invoking extra ordinary jurisdiction under Article 226 of the Constitution of India in the larger public interest.;