Congress leads in Karnataka civic polls vote count
Bengaluru, Sep 3 : The Congress was ahead of the Bharatiya Janata Party (BJP) as the counting began on Monday of votes cast for Karnataka's 105 Urban Local Bodies (ULBs), the State Election Commission (SEC) said.
The Congress was ahead by 52 seats by winning in 814 civic body seats across the state, while the BJP has won in 762 seats as of 11.45 a.m., according the results declared by the SEC on its website.
So far, results were declared in 2,171 seats of the total 2,709 where the ULB election was held on August 31.
The Janata Dal-Secular (JD-S) has so far won in 300 seats while Independents took another 265 seats, as of 11.45 a.m.
Polling took place across the 2,633 wards of the state, spread over 29 city municipalities, 53 town municipalities and 23 town panchayats and in 135 wards of the three city corporations.
A record average of 67.5 per cent voter turnout was registered across the state for the civic polls.
In all, 8,340 candidates, including 2,306 from the Congress, 2,203 from the Bharatiya Janata Party (BJP) and 1,397 from the Janata Dal-Secular (JD-S) are in the fray for the ULBs, while 814 contested from the city corporations, including 135 from Congress, 130 from BJP and 129 from JD-S.
In the event of a party not getting majority on its own in the election, Congress and JD-S have decided to forge a post-poll alliance to keep BJP out of power, similar to May 12 state Assembly election which threw up a hung verdict, a JD-S official told IANS earlier.
In the 2013 ULB elections held in 4,976 seats, the Congress had won 1,960 seats, while BJP and JD-S had won 905 seats each, while Independents bagged the remaining 1,206 seats.
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'Fraud on Constitution': SC rules against religious conversion for quota benefits
New Delhi (PTI): In a significant verdict, the Supreme Court has said religious conversions undertaken solely to avail reservation benefits without genuine belief amounted to a "fraud on the Constitution".
Justices Pankaj Mithal and R Mahadevan passed the verdict on November 26 in a case filed by one C Selvarani and upheld a Madras High Court decision of January 24 denying a scheduled caste certificate to a woman who converted to Christianity but later claimed to be a Hindu to secure employment benefits.
Justice Mahadevan, who wrote the 21-page verdict for the bench, further underscored that one converted to a different religion, when they were genuinely inspired by its principles, tenets and spiritual thoughts.
"However, if the purpose of conversion is largely to derive the benefits of reservation but not with any actual belief in the other religion, the same cannot be permitted, as the extension of benefits of reservation to people with such ulterior motives will only defeat the social ethos of the policy of reservation,” he noted.
The evidence presented before the bench was found to have clearly demonstrated that the appellant professed Christianity and actively practiced the faith by attending church regularly.
"Despite the same, she claims to be a Hindu and seeks for a SC community certificate for the purpose of employment," it noted.
"Such a dual claim made by her," said the bench "was untenable and she cannot continue to identify herself as a Hindu after baptism".
The top court, therefore, held the conferment of scheduled caste communal status to the woman, who was a Christian by faith, but claimed to be still embracing Hinduism only for the purpose of availing reservation in employment, "would go against the very object of reservation and would amount to fraud on the Constitution".
The top court underlined a religious conversion solely to access reservation benefits, without genuine belief in the adopted religion, undermined the fundamental social objectives of the quota policy and her actions were contrary to the spirit of reservation policies aimed at uplifting the marginalised communities.
Selvarani, born to a Hindu father and a Christian mother, was baptised as a Christian shortly after birth but later claimed to be a Hindu and sought an SC certificate to apply for an upper division clerk position in Puducherry in 2015.
While her father belonged to the Valluvan caste, categorised under scheduled castes, he had converted to Christianity, as confirmed by documentary evidence.
The verdict said the appellant continued to practice Christianity, as seen by the regular church attendance, making her claim of being a Hindu untenable.
The bench noted individuals converting to Christianity lose their caste identity and must provide compelling evidence of reconversion and acceptance by their original caste to claim SC benefits.
The judgement said there was no substantial evidence of the appellant's reconversion to Hinduism or acceptance by the Valluvan caste.
Her claims lacked public declarations, ceremonies, or credible documentation to substantiate her assertions, it pointed out.
"One converts to a different religion when genuinely inspired by its principles. Conversion purely for reservation benefits, devoid of belief, is impermissible," the bench held.
The apex court opined in any case, upon conversion to Christianity, one lost their caste and couldn't be identified by it.
"As the factum of reconversion is disputed, there must be more than a mere claim. The conversion had not happened by any ceremony or through 'Arya Samaj'. No public declaration was effected. There is nothing on record to show that she or her family has reconverted to Hinduism and on the contrary, there is a factual finding that the appellant still professes Christianity,” it noted.
The bench said there was evidence against the appellant, and therefore, her contention raised that the caste would be under eclipse upon conversion and resumption of the caste upon reconversion, was "unsustainable".
