IN THE SUPREME COURT OF INDIA

ORIGINAL JURISDICTION

CIVIL WRIT PETITION NO. OF 2019.

IN THE MATTER OF CONSTITUTION VIOLATION.

KUTTAN KATTACHIRA

INDEPENDENT CANDIDATE, - PETITIONER

versus

ELECTION COMMISSION OF

INDIA and Others - RESPONDENTS.

PETITION UNDER ARTICLE 36 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE
NATURE OF VIOLATION UNDER ARTICLE 330 OF THE CONSTITUTION OF INDIA.

Name and full address of the Petitioner.

Kuttan Kattachira @ Kuttan. K.P. Aged 62 , Son of

PoovanchanC.K.,Kannuvettiyel,House,Thalayolaparambu.P.O. 686605 ,Kottayam,District, Kerala
State.

Name and full address of the Respondents.

1- The Chief Election Commission of India

Nirvachan Sadan ,Ashoka Road,New Delhi 110001.

2- Kodikunnil Suresh,Aged 56,

S/o.Kunjan,School View, Kottarakara. P.O.691506 Kollam,District.

3- Chittayam Gopakumar,Aged 53, S/o.Gopalakrishnan.T.Shangrila,Konnamankara.Adoor.P.O.

Pathanamthitta.Diistrict.

4- Rajagopalan,Age 48,S/o.Raveendran,Budha Bhavan,Elakamon.P.O.

Varkala.Thiruvananthapuram District.
5- K.Bimilji.Age 41,S/o.Kesavan, Thamarapurathu,House,
Kizhakkumbhagam,P.O.,Niranam,Thiruvalla.

6- Sahadevan,Age 64,S/o,Kuttappan,Thiru -Arangu,SRP,Market. P.O.Thazhava,690539

Karunagappilly.

TO,

THE HON'BLE THE CHIEF JUSTICE OF INDIA AND HIS LORDSHIP' S COMPANION JUSTICES OF THE
SUPREME COURT OF INDIA. THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED.

MOST RESPECTFULLY SHEWITH.

1- THE FACTS OF THE CASE

2- QUESTIONS(S) OF LAW

3- GROUNDS

4- AVAREMENTS

THAT THE PRESENT PETITIONER HAS NOT FILED ANY OTHER PETITION IN ANY HIGH COURT OR
THE SUPREME COURT OF INDIA ON THE SUBJECT MATTER OF THE PRESENT PETITION.

PRAYER .

In the above premise, it is prayed that this Hon'ble court may be pleased to

(1) Admit this Writ Petition into file.

(2) Declare a writ of Mandamus to the Election Commission of India to comply with the Order
No.4 of the Delimitation Commission dated 23- 3-2005 without mixing of religion with
secularism.

(3) Declare the petitioner as duly elected from the delimited Mavelikara Lok Sabha constituency
election held on 2019 year as eligible Indipendant candidate to fill the seat under Article
330(1)(a) of the Constitution of India.
(4) Declare the respondent,the political party member, the retuned candidate of Mavelikara
Parliament constituency to be void. .

(5) Award the reliefs praying in the Writ Petition.

(6) To pass such other Orders and further Orders as may be deemed necessary on the facts and
in the circumstances of the case.

FOR WHICH ACT OF KINDNESS THE PETITIONER SHALL AS INDUTY BOND EVER PRAY

FILED BY.

PETITIONER/ ADVOCATE.

SYNOPSIS .

The 3rd phase parliament election held on 2019,in Kerala State.In pursuance of Section 8 and 4
of the Delimitation Act 2002 (33 of 2002) as amended by the Delimitation (Amendment) Act,
2003(3 of 2004)the Delimitation Commission has by its Order No.4 dated 23rd March
2005,published in the extraordinary issue of the Gazette of India and the Kerala State Gazette
on 23rd March 2005,determined (1) the total number of seats in the House of the People to be
allocated to the State of Kerala as twenty (20) of which, two (2) seats shall be reserved for the
Scheduled Castes and no seat shall be reserved for the Scheduled Tribes.The Election
Commission misfecend his lawful power under Article 325 to violate the Article 330 of the
Constitution and the Order No.4 dated 23rd March 2005 of the Delimitation Commission
thereby indulged political party members in the contesting candidates list by mixing of religion
with secularism at Mavelikara Parliament delimited constituency election held on 2019 that
adversely affected the petitioner to be elected as an independent candidate provided by the
Order No.4 dated 23rd March 2005 read with Article 330 (1)(a) of the Constitution of India. The
1st respondent, Election Commission violated Article 325 thereby introduced religion into
politics and imbalanced the constitutional system and encouraged the political party members
to become candidates to espousing a particular religion comes to power,that religion tends to
become, in practice, the official religion. All other religions come to acquire a secondary status,
a less favorable position at Mavelikara Parliamentary constituency election held on 2019
thereby committed antithetical acts against Articles 14,15,16,25 and 325 of the Constitution of
India against the petitioner and the whole world thereby the natural justice be ignored the
Hon'ble Court may be justified.

IN THE SUPREME COURT OF INDIA

ORIGINAL JURISDICTION

CIVIL WRIT PETITION NO. OF 2019.

IN THE MATTER OF CONSTITUTION VIOLATION.

KUTTAN KATTACHIRA

INDEPENDENT CANDIDATE, - PETITIONER

versus

ELECTION COMMISSION OF

INDIA and Others - RESPONDENTS.

AFFIDAVIT .

I, Kuttan Kattachira, @ Kuttan K.P.,aged 62,Son of Poovanchan. C.K.,residing at Vadayar Village,

Vaikom Taluk, Kottayam District of Kerala State, Solemnly affirmed and states as follows.

a) I am the petitioner accompanied with the Writ petition and I am sworn with the facts stated
in the petition.

b) I am an aggrieved independent candidate of 16 Mavelikara Parliament Scheduled Castes

reserved constituency election held on 2019,
c) The facts and all averments stated in the writ petition are in goodgaith and the best of my
knowledge and beliefs.

d) Award the reliefs sought for in the affidavit and accompanied applications herewith.

(modifications essential)

DEPONENT.

Kuttan Kattachira .

STATEMENT OF FACTS.

Having regard to the provisions of Articles 81,170, 330 and 332,the Parliament make the
Delimitation Act 1972 (76 of 1972) is hereby repealed and be it enacted by Parliament in the
Fifty - third Year of the Republic of India as follows:-The Delimitation Act 2002 (Act 33 of 2002)
on 3rd June 2002.

In pursuance of Section 8 and 4 of the Delimitation Act 2002 (33 of 2002) as amended by the
Delimitation (Amendment) Act, 2003 (3 of 2004) the Delimitation Commission has by its Order
No.4 dated 23rd March 2005,published in the extraordinary issue of the Gazette of India and
the Kerala State Gazette on 23rd March 2005 ,determined (1) the total number of seats in the
House of the People to be allocated to the State of Kerala as twenty (20) of which, two (2) seats
shall be reserved for the Scheduled Castes and no seat shall be reserved for the Scheduled
Tribes.

The Delimitation Commission readjusted the Mavelikara delimited parliamentary constituency

from the Scheduled Tribes and general category for the purpose of Article 341 (1)(a) the
Scheduled Castes, under Article 330 of the Constitution of India in the year 1971 on the basis of
the census figures as ascertained at the census subject to the provisions of section 4 of
Delimitation Act 1972 (76 of 1972).

In the Election to the House of People 2019 Mavelikara delimited Lok Sabha constituency
declared for Scheduled Castes under Section 8 (1)(a) of the Delimitation Act 2002.Therefore the
Mavelikara Parliamentary constituency reserved only for Scheduled Castes.

On 2019 year,the 3rd phase parliamentary election held,in Kerala State.

The model code of conduct became into force by the 1st respondent, Election Commission of
India in Kerala State at 3.P.M.on 10-3-2019 for the 17th Parlimemtary election held on 2019.

The members of political parties registered under 29A of the Representation of People Act
1951, proclaimed wide publicity that such 29A, members will contest in the constituency
declared by Order No.4 of the Delimitation Commission from 11-3-2019 onwards.The petitioner
a Scheduled Caste member, as a citizen of India informed by a letter to the Chief Electoral
Officer of Kerala on 20-3-2019 that such proclamations made by the political party members
treated violation of Order No.4 of the Delimitation Commission and the model code of conduct,
published by the Election Commission of India, that seriously intimidated the electors of
Mavelikara Parliament constituency that may be violation of Article 330(1)(a) of the
constitution of India and the judgment violation of the Honorable Supreme Court in Abhiram
Singh vs C.D.Commachan case emphasis that in S.R.Bommai vs.Union of India
1994(3)SCC.Therefore such intimidations made by the members of political parties may be
prevented at Mavelikara (SC) constituency.The petition accepted as File No.1767(43) / EL4/
2019/Elec. Without given for an opportunity to the petitioner to produce all evidences and
detailed arguments related to the petition the natural justice be ignored, thereafter sent the
reply dated 01-4-2019 that " any proclamation made by political parties to field their candidates
to contest from Alathoor and Mavelikara reserved constituencies in the 2019 General election
to parliamentary constituencies will not amount to violation of Model Code of Conduct. A
photocopy of the said order attached herewith as ANNEXURE -1.

Thereafter the last date of nomination was on 04-4-2019.

Date of scrutiny of nomination papers on -05-4-2019.

The Election Commission of India published a contesting candidates list from the members of
29A of R.P.Act.1951,by mixing of religion with secularism along with the independent
candidates under Article 330(1)(a) of the Constitution of India on 05-4-2019.

Last Date of withdrawal of candidature was at 3.PM-08-4-2019. and the same day , Allotment of
symbols was on-08-4-2019-(after 3P.M)

Having knowledge of the allotment of the reserved symbols for the members of 29A,of R.P.Act
1951, the petitioner hatred about the reserved symbols will adversely affect the free Symbols
allotted to the independent Scheduled Castes candidates and the guarentees under Article
330(1)(a) will be ignored thereby the free and fair election provided by Order 4 dated
24/3/2005 of the Delimitation Commission under Article 330 of the constitution of India in the
Scheduled Castes reserved constituency, Mavelikara may be inerfeared.
The petitioner timely interventioned and served a noticed by a letter to the Returning Officer to
comply with the judgment in Civil Appeal No.37 of 1992 of the Supreme Court of India,dated
2nd January 2017, and to reject the Symbols allotted to the members of under section 29A, of
R.P.Act 1951,from Mavelikara parlimemt constituency.

To comply with the Supreme Court Judgment in Abhiram Singh vs C.D.Commachan case
that,the religion and secularism mixed nomination papers of the political party candidates are
introducing religion into politics is an imbalance in our constitutional system thereby may be
rejected or the political party Candidates may withdraw by themselves to comply with that
judgment, or the Returning Officer may declare the respondents 2 to 6 as independants till the
allotment under section 29A,of R.P.Act 1951,reserved symbols to themp.But the 1st
respondent Election Commission of India violate the Order No 4 of the Delimitation
Commission of India and illegally published the political parties contesting candidates list in the
Gazette of India.

The Returning Officer illegally allotted the political parties reserved symbols to the respondent
2 to 6, on 08-5-2019, the petitioner aggrieved thereby and submitted a complaint to the
Returning Officer to review the mistakes in the allotment of symbols of political parties.The
said complaint registered as File No.N7 /809/2019/Dcalp, on 08-4-2019.A photocopy appended
as ANNEXURE- herewith.

The Returning Officer purposefully denied to apply his mind while determining the law and
justice raised in the plea,to determine immediate effect to declare the respondent 2 to 6 as
Indipendant candidates by rejecting the political party symbols, but denied the timely
intervention,the petitioner aggrieved thereby and sent a complaint to the Chief Election
Commission,of India on 11-4-2019, however no relief sought from there. A cpoy of the said
complaint appended herewith as ANNEXURE -II.

The Returning Officer replied as the file No.N7/809/2019/Dcalp.dated 23-4-2019. The said day
was the Polling date of the petitioner's constituency. The reply disclosed that the Honorable
Supreme Court as per the above judgement does not prohibit the political parties contesting
from reserved constituencies to the House of People or to use their party symbols to such
candidates;therefore the plea of the petitioner rejected. [A photocopy of the said Order
attached herewith as ANNEXURE -III

Further the petitioner made an appeal to the Chief Electoral Officer, Thiruvananthapuram
against the impugned Order N7/809/2019/Dealp.on 28-5-2019 that registered as File No:
5621(General) sought for the relief from the violation of Article 330(1)(a) of the constitution of
India, also discriminated therefrom.[ A photocopy of the said appeal produced herewith as
ANNEXURE- IV.
Date of poll was on - 23-4-2019.

Date of counting of votes 23-5-2019.

Date of declaration of result of the election 23-5-2019.

Election completed on 27-5-2019.

In the result on 23-5-2019,from Mavelikara Scheduled Castes reserved constituency,

1- The Indian National Congress '- political party symbol "Hand" scored 440415 votes

2- The Communist Party of India - political party symbol " Ears of Corn and Sickle" scored
379277 votes.

3- The Bahujan Samaj Party - political party symbol "Elephant "scored 3864 votes.

4- The Socialist Unity of India (Communist)- political party symbol "Battery Torch" scored 1450
votes

5 - The Bharath Dharma Jana Sena -political party symbol " Pot "scored 133546 votes.

6- The independent Ajayakumar free symbol " Frock " scored 1172 votes.

7- The independent AjI Pathanapuram free symbol " Flute" scored 587 votes.

8- The indipendant Usha Kottarakara free symbol " Auto- rickshaw " scored 1577 votes.

9- The Indipendant Raghavan. R. free symbol " Camara " scored 1310 votes.

10 - and the petitioner Kuttan Kattachira, as an Indipendant candidate free symbol " Whistle "
scored 1982 votes respectively.

The delimited Scheduled Castes reserved Parliament constituency election at Mavelikara, there
are 5 eligible independent candidates instead of political party member candidates thereby an
election was necessary.Therefore under Article 324: Superintendence, control and direction to
be directly handled by the 1st respondent, provided by the Orders under Act 33 of 2002 of the
Delimitation Commission.The 1st respondent misfecend its power in the election held on
Mavelikara Parliament constituency 2019.
Instead of non compliance with the provisions of Act 33 of the Delimitation Act 2002, and Order
No.4 of of 2005 of the Delimitation Commission of India and the judgment in Civil Appeal No.37
of 1992, existed into force , collusion with the political parties the Election Commission of India
misused its lawful power to violate Article 330 (1)(a) and encourage the political party
members to encroach into the delimited Mavelikara Scheduled Castes reserved constituency
with non compliance with the provisions of Article 325 of the Constitution of India is a flagrant
violation may be justified.

As per the judgment in Abhiram Singh vs C.D.Commachan case,Civil Appeal No.37 of 1992,the
1st respondent Election Commission of India committed offensive acts in the 16 Mavelikara (SC)
Parliament election 2019 under Articles 14,15,16, 25 and 325 of the Constitution of India this
Hon'ble Supreme Court of India may interfere in the matter for justice .

QUESTION OF LAW.

The Delimitation Commission determined the powers of Election Commission of India for the
election of delimited constituencies under section 11(1)(a),(b),of Act 33of 2002.

1- Whether a candidate's name that duly borne on the rolls of members of a political party
registered under section 29A of the Representation of People Act 1951 is legally entitled the
benefits under Article 330,and 330(1)(a) of the Constitution of India. ?

2- By the approval of Form A & B of Election Symbols (Reservation and Allotment) Order 1968,is
the Election Commission of India ,in exercise its power under Article 324 of the Constitution of
India to override the Order No.4 of the Delimitation Commission of India thereby treat the
reserved constituency as general constituency.?

3- The candidates set up by the political parties having Castes certificate and Form B notice
under paragraph 13(a),(b),(c)and (e) of the Election Symbols (Reservation and Allotment) Order
1968,the Castes certificate has religion and the Form B has secularism. Is the Election
Commission of India under Article 324, has the power to mix religion with secularism.?

4- By Order No 4 of the Delimitation Commission dated 23 /3/2005, is the Election Commission

of India has power under Article 324,to provide additional exemptions like free voters list, free
air in AIR, and Dooradarsan, for secular Scheduled Castes members other than 50 % deposit
amount exemption for Scheduled Castes Candidates in the Scheduled Castes reserved
constituency.
5- By Order No.4 of the Delimitation Commission dated 23/3/2005,there are 5 independent
candidates contested and the petitioner won the top score of votes among them from
Mavelikara Parliament (SC) constituency.The Election Commission of India denied the
petitioner became eligible to be returned from Mavelikara Parliament constituency election
held on 2019,as duly elected to fill the seat thereby is the natural justice be ignored?

6- The Delimitation Commission determined the powers of Election Commission of India for the
election of delimited constituencies by Order No.4 under section 11(1)(a),(b),of Act 33of 2002.Is
the Election Commission of India has the power to override the determination Order No.4, to
approve the political party members with Form7A, Rule 10(38) (1) and Form 4 Rule 8(36)(8) of
Conduct of Election Rules 1961 in the Mavelikara Parliament constituency election 2019.

7- In the election by Order No.4 of the Delimitation Commission dated 23rd March 2005. Is the
Election Commission of India empowered under section 11 of the Delimitation Act 2002,to
publish the list of contesting candidates under section 38(i)and (ii) of the Representation of
People Act 1951.

8- Is the Election Commission of India has the power to determine the category of Scheduled
Castes secular political party members and non secular Scheduled Castes members in the
election held on 2019 at delimited Parliamentary constituency by Order No.4 dated
23/3/2005,of the Delimitation Commission.

9- Is the Election Commission of India has the power under Article 325 of the Constitution of
India to include a special electoral roll based on secular Scheduled Castes members to contest
in a Scheduled Castes reserved constituency at Mavelikara Parliament constituency election
2019.

Grounds

By Order of the Delimitation Commission , under Section 8(1)(a)of the Delimitation Act 2002,
the Mavelikara Parliament constituency declared as reserved only for Scheduled Castes.

The Delimitation Commission determined the powers of Election Commission of India for the
election of delimited constituencies under section 11(1)(a)and (b),of Act 33of 2002.By Order
No.4 of the Delimitation Commission dated 23/3/2005 Mavelikara Parliament constituency
declared only for Scheduled Castes.
Article 324: Superintendence, control and direction of national and state level elections are to
be directly handled by the Election Commission of India.

Article 325: Inclusion and exclusion of names in electoral rolls are based on Indian Citizenship.
No citizen of India above the voting age should be excluded from the rolls or included in a
special electoral roll based on any criteria such as race, caste, religion or sex.

On 2019 year,the 3rd phase parliament election held,in Kerala State.In pursuance of Section 8
and 4 of the Delimitation Act 2002 (33 of 2002) as amended by the Delimitation (Amendment)
Act, 2003(3 of 2004)the Delimitation Commission has by its Order No.4 dated 23rd March
2005,published in the extraordinary issue of the Gazette of India and the Kerala State Gazette
on 23rd March 2005,determined (1) the total number of seats in the House of the People to be
allocated to the State of Kerala as twenty (20) of which, two (2) seats shall be reserved for the
Scheduled Castes and no seat shall be reserved for the Scheduled Tribes where the
constituency delimited from general constituency.

The Delimitation Commission readjusted the Mavelikara delimited parliamentary constituency

from the Scheduled Tribes and general category under Article 330 of the Constitution of India
in the year 1971 on the basis of the census figures as ascertained at the census subject to the
provisions of section 4 of Delimitation Act 1972 (76 of 1972).

The political parties are entitled to set up their members as their candidates by serving the
notices in Form A and B, to the Returning Officer and the Chief Electoral Officer under
paragraph 13(b),(c),(e)a and (a) of the Election Symbols (reservation and Allotment)Order 1968.
Such a notices are not entitled to Scheduled Castes and Scheduled Tribes citizens to become a
candidate ,because there is no caste system in political parties and the anti defection law is not
binding the Scheduled Castes candidates.

There are two classes of candidates classified by the Constitution of India. One classified under
29A of Representation of People Act 1951 under Anti Defection Law and another under Article
330, the Scheduled Castes and Scheduled Tribes out of Anti Defection law where they are only
responsible to the Constitution of India. The Election Commission of India has no power to
exercise its power under Superintendent, control and decision to mix with each other under
Article 324 of the Constitution of India.

In the election of Mavelikara (SC) Parliament constituency under section 8(a) of Act 33 of 2002
the Election Commission of India , illegally published the list in Form 7A simultaneously secular
Candidates from 29A of Representation of People Act 1951 and Indipendant candidates
including this petitioner.
The entry of 29A of R.P.Act, Candidates under section 8(a) of Act 33 of 2002 in Form 7A is the
form of mixing of religion with secularism by the Election Commission,where the Election
Commission has no power to override the Orders of the Delimitation Commission under section
11 of Act 33 of 2002 where the Election Commission of India has no power under section 11of
Act 33 of 2002 to include the candidates of 29A of the Representation of People Act 1951 in the
constituency delimited as per the Order No.4 dated 23/3/ 2005 of the Delimitation Commission
of India.

The election commission has been entrusted these responsibilities under Article 324 and the
People’s Representation Act 1951. The Election commission is empowered under the
Constitution of India to act appropriately whenever prevalent laws prove insufficient to conduct
an election under certain conditions.

The Delimitation Commission determined the powers and issuing Orders of the Election
Commission under section 11 of the Delimitation Act 2002 in the delimited constituencies
provided by Article 330 of the Constitution of India. Unless such an Order empowering the
Election Commission to include the political party members to include in the list of contesting
candidates in the delimited constituency under section 7A, of Rule 10(1) of the Conduct of
Election Rules 1961 and the allotment of political parties reserved symbols under Election
Symbols (Reservation and Allotment) Order 1968.It is prohibited by the Constitution of India on
the ground that such a mixing of religion with secularism.The Hon'ble Supreme Court observed
in Abhiram Singh vs.C.D.Commachan case that the Constitutional ethos prohibited the mixing
of religion with secularism.

The Election Commission of India fabricated a false electoral roll list of Scheduled Castes
citizens having both Castes and Secularism for the purposes of Mavelikara Parliamentary
election 2019, by Form 7A under Rule 10 section 38(1) and Form 4,under Rule 8 section 36 (8)
of the Conduct of Election Rules 1961.

By accepting the notices A and B Forms from the political parties, accompanied with the Caste
certificate of the members of such political parties the Election Commission of India officially
mixed religion with secularism and illegally published the list of validity nominated candidates
where such list is a fabrication against Article 325 of the Constitution of India.

Article 325: reads that " Inclusion and exclusion of names in electoral rolls are based on Indian
Citizenship. No citizen of India above the voting age should be excluded from the rolls or
included in a special electoral roll based on any criteria such as race, caste, religion or sex ".
Instead of Superintendent, control and direction under Article 324,the Election Commission of
India violate Article 325, thereby encourage to indulged the political party members in the
contesting candidates list in Mavelikara Parliament constituency thereby committed
Constitutional violation under Article 330(1)(a).

The Constituency not only reserved for Scheduled Castes treated as a whole but also including
the electors and votes as a whole. Unless the electors cast their votes for Scheduled Castes
Candidates free symbols instead of any political party symbols may be the practice of mixing of
relegion into politics in that whole constituency. The allotment of political party symbols
thereby the Polling for political partiy symbols in the Scheduled Castes reserved constituencies
maybe the violation of constitutional injunction that declared in the judgment of Abhiram Singh
vs C.D.Commachan case ,that " no party or Organisation can simultaneously be a political and
relegious party .Here in the reserved constituencies the electors should cast their votes only for
Scheduled Castes Candidates free symbols provided by Article 330(1)of the constitution of
India ,instead of political party symbols where there is constitutional injunction. Under Order
No.4 of the Delimitation Commission the 1st respondent has the knowledge that the
Mavelikara constituency is reserved for Scheduled Castes and not even Scheduled Tribes or
even for general category .

Under Article 324 , Section 29A of Representation of People Act 1951,there is no law made by
the parliament or any Rule made thereunder, time being in force for political party members to
encroach the reservation status provided under Article 330(1) of the constitution of
India.Therefore the encroachment of secular activities in Mavelikara Scheduled Castes reserved
constituency by the support of the 1st respondent that abated by the political parties and the
returned candidate may be justified that the encroachment of religion with secularism were
strictly prohibited by the provisions of Article 14,15,16,and 25 of the Constitution of India.

The 1st respondent is legally comply with the judgment pronounced by the Honorable Supreme
Court in Abhiram Singh vs C.D.Commachan case and shall made a notification from his official
capacity that " mixing of religion with secularism is forbidden in the election at Scheduled
Castes and Scheduled Tribes constituencies after the judgment existed from 2nd January 2017.
The 1st respondent disgraced the said judgment to issue such a notification caused irreparable
damage to Article 330(1)of the constitution of India, hence this petitioner victimised by the 1st
respondent thereby the vote capturing with the political party symbols from delimited
Parliament constituency Mavelikara that adversely affected the free and fair election to the
petitioner may be justified.
AVERMENTS.

The petitioner as candidate of Mavelikara Parliament constituency by Order No.4 of the

Delimitation Commission of India, the 1st respondent Election Commission of India is
responsible to provide Superintendent, control and directive power the free and fair election.

The A and B Forms are under Paragraph 13(b),(c),(e)a of the Election Symbols (Reservation and
Allotment)Order 1968 that only for the political parties and not entitled to Scheduled Castes
candidates.

Sub - Section ( 8 )of Section 36, Rule 8 of the Conduct of Election Rules 1961,the list of validily
nominated candidates shall be in Form 4.

Sub -Section (1) of Section 38 of Rule 10 of the Conduct of Election Rules 1961,the preparation
of contesting candidates list shall be in Form 7A.

By accepting the notices A and B Forms from the political parties, accompanied with the Caste
certificate of the members of such political parties the 1st respondent the Election Commission
of India officially mixed religion with secularism and illegally published the list of validity
nominated candidates where such list is a fabrication against the Scheduled Castes under
Article 330(1)(a) of the Constitution of India accorded the Order No.4 dated 23rd March 2005 of
the Delimitation Commission of India.

The 1st respondent the Election Commission of India fabricated a false electoral roll list of
Scheduled Castes citizens having both Castes and Secularism for the purposes of Mavelikara
Parliamentary election 2019,with Form 4,under Rule 8 section 36 (8) of the Conduct of Election
Rules 1961 that is unconstitutional of Article 330 of the Constitution of India.The Constitution
does not recognize, it does not permit, mixing religion and State power where the Mavelikara
Parliament Member represented the Kerala State.

By mixing of religion with secularism the Election Commission of India prepared a fabricated
false contesting candidates list of political party members by Form 7A under Rule 10 section
38(1) of Conduct of Election Rules 1961 that adversely affected the free and fair election of the
petitioner.

The Election Commission of India approved the Form A and B,of the political party members
with Form7A, Rule 10(38) (1) and Form 4 Rule 8(36)(8) of Conduct of Election Rules 1961 in the
Election at Mavelikara Parliament constituency reserved for Scheduled Castes is a flagrant
violation of the Constitution of India under Article 330(1)(a).

In S.R.Bommai,v.Union of India 1994(3) SCC1,Sawant J.and Kuldeep Singh J. in para 145 of the
judgment elaborately referred on secularism under our Constitution is that whatever the
attitude of the State towards the religions,religious sects and denominations, religion cannot be
mixed with any secular activity of the State. In fact,the encroachment of religion into secular
activities is strictly prohibited.This is evident from the provisions of Constitution.The Election
Commission of India encourage the political parties to encroach religion into secular activities in
coconnection with the election at Mavelikara Parliament constituency by aaccepting A and B
Forms from political parties.

The Election Commission of India by accepting the A and B Forms, misfecend its power to
publish the political party members as validly nominated candidates list and contesting
candidates list by mixing religion with secularism that prohibited by the Constitution. In Civil
Appeal No.37 the Hon'ble Supreme Court declared that " The Constitution does not recognize,
it does not permit, mixing religion and State power. Both must be kept apart. That is the
constitutional injunction" Therefore the Election Commission of India violated the
Constitutional injunction by the approval of A and B Forms and the caste certificate of the
members of political parties and their affidavits of such members are evidencing the violations.

By accepting the A and B Forms in the election delimited by Order No.4 of the Delimitation
Commission dated 23/3/2005,the Election Commission introduced religion from the Castes
certificates into politics existed in Form B.The Form B disclose that " his name is duly born on
the rolls of members of the party " is an impermissible element into body politic.Therefor the
Election Commission imbalanced our Constitutional system and the petitioner's free and fair
election the Hon'ble Court may justified.

By Order No.4 of the Delimitation Commission dated 23rd March 2005,there are 68 Castes in
the Schedule of Kerala.The candidates are eligible to nominate on the base of their Castes
certificate.Such Castes certificate is a part of religion. Collusion with the political parties, the
Election Commission of India misfecend it's lawful power by accepting the Form B and
published the political party members as candidates to " espousing a particular religion comes
to power, and that religion tends to become, in practice, the official religion.All other religions
come to acquire a secondary status, at any rate a less favourable position.This would be plainly
antithetical to Article 14,15,16,and 25, and the entire Constitutional scheme adumbrated "the
Hon'ble Court may justified.

The mixing of religion with secularism by the Election Commission of India in Mavelikara
Parliamentary constituency Election held on 2019,the 1- The Indian National Congress '-
political party symbol "Hand" scored 440415 votes

2- The Communist Party of India - political party symbol " Ears of Corn and Sickle" scored
379277 votes.

3- The Bahujan Samaj Party - political party symbol "Elephant "scored 3864 votes.

4- The Socialist Unity of India (Communist)- political party symbol "Battery Torch" scored 1450
votes

5 - The Bharath Dharma Jana Sena -political party symbol " Pot "scored 133546 votes thereby
the Election Commission of India illegally declared that the Indian National Congress (I) party
member become returned from the delimited constituency reserved for Scheduled Castes
where such declaration is prohibited by the Constitutional injunction ,the Hon'ble Court may be
justified before law and justice.

Under Article 325: reads "the Election Commission of India is responsible to exercise it's power
to Inclusion and exclusion of names in electoral rolls are based on Indian Citizenship. No citizen
of India above the voting age should be excluded from the rolls or included in a special electoral
roll based on any criteria such as race, caste, religion or sex."

By accepting the Forms A and B, the Election Commission included the political party citizens in
a special electoral roll based on Scheduled Castes and declared them as candidates in Form 4
and 7A,of Conduct of Election Rules 1961.Therefor the inclusion of political party citizens in a
special electoral roll based on Scheduled Castes criteria for the purpose of contesting
candidates in the Mavelikara Parliamentary Election made by the Election Commission of India
is a flagrant violation of Article 325 of the Constitution of India, the Hon'ble Supreme Court may
be justified.
There are five (5) independent candidates eligible to be the contesting candidates. The identity
of them given below.

6- The independent Ajayakumar free symbol " Frock " scored 1172 votes.

7- The independent AjI Pathanapuram free symbol " Flute" scored 587 votes.

8- The indipendant Usha Kottarakara free symbol " Auto- rickshaw " scored 1577 votes.

9- The Indipendant Raghavan. R. free symbol " Camara " scored 1310 votes.

10 - and the petitioner Kuttan Kattachira, as an Indipendant candidate free symbol " Whistle "
scored 1982 votes respectively.

(Sir, This is my points of views. It is essential to modify and readjust the plea, which is prepared
as myself. Irregularities are usual as a common man. Please consider likewise)

Thank you.

Kuttan kattachira.

EMAIL. scworg@gmail.com

Mobile . 8129004567.

Web.Kuttan Kattachira