The constitutional complaint filed by Rezistans ek Alternativ was rejected by the Supreme Court, this Friday, September 30. This is a judgment pronounced by the Full Bench of the Supreme Court. As a reminder, Rezistans ek Alternativ had been challenging, since 2005, the disqualification of a candidate in an election in case he does not declare his ethnicity. ReA’s complaint was directed against the state. The Electoral Supervisory Commission and the office of the electoral commissioner are named as co-defendants in the case. on leaving the court, Ashok Subron said, “The fight will not stop even if he complies with the court’s ruling.
In their verdict, they pointed out that ReA seeks to challenge the provision of a law that has since been repealed. Specifically, Regulations 12(4) and 12(5) of the National Assembly Elections Regulations 1968. These regulations provide for the disqualification of a prospective candidate in a general election for failure to comply with a declaration of community affiliation. The Full Bench agreed with the State that the Court would decline to hear a case based on a statute that has been repealed. The representative of the Attorney General’s office, Diya Beesoondoyal, had stated that the case was no longer relevant and could no longer be of public interest.
