Appeal on the ground of religion, caste or language in elections

The Supreme Court has recently decided by a majority of 4-3 that the election of any candidate shall be declared void if he or his election agent appeals on the ground of religion, caste or language. The Supreme Court ruled taking into consideration the fact that various political parties and candidates use language or religion as a ground for appealing to vote or refraining to vote for any candidate in the elections.
Section 123 subsection 3 of the Representation of the Peoples Act, 1951, provides that appealing on the ground of religion, caste or language to vote or refrain from  voting for a candidate amounts to electoral offence. The subsection further prohibits the use of any religious or national symbols by the candidates or their agents. However, any symbol allotted by the election commission shall not be deemed to be a religious or national symbol. In the case of Indira Gandhi, the court held that the party symbol showing a cow and calf is not a religious symbol.
Section 123 subsection 3A of the Representation of the Peoples Act,1951, states that promoting enmity on the ground of religion, caste or language to appeal for voting or refraining from voting for a particular candidate by any candidate or his agent shall amount to electoral offence. Spreading or promoting enmity between communities on the grounds of religion, caste or language or giving hate speeches to influence voteers to vote for or refrain from voting for any candidate amounts to electoral offence.
The recent decision of the Supreme Court shall set aside and declare null and void the election of any candidate who uses religion, caste or language as a ground for appealing to bote in the election.