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Referring to the term ‘his religion’ used in section 123(3) of the Representation of The Peoples (RP) Act, which deals with ‘corrupt practice’, Chief Justice T S Thakur and three others in the 4:3 verdict said it meant the religion and caste of all including voters, candidates and their agents etc.
However, the minority view of three judges – UU Lalit, A K Goel and D Y Chandrachud – held that the term ‘his’ religion means religion of candidate only.
The majority view, also shared by Justices M B Lokur, S A Bobde and L N Rao, said ‘secularism’ has to be considered while dealing with such issues.