In 2005, Lalit not only protested against the Best Loser System by all our candidates drawing our supposed "communities" from a hat (in order to satisfy the constitutional imperative to fill in a "community" on each Nomination Paper), but we also published a 230-page compendium of anti-communalist articles, concentrating on this institutionalized form of racism. Our aim: in order to do away with this system, people need to understand its nature and the inherent iniquity of the system.
With the continued Lalit campaign for Constitutional Reform, the book is becoming increasingly sought-after by anti-communalist militants.
The Balancy Judgment in the Rezistans and Alternativ case, though heralded by the press as bringing the end to the Best Loser System, in actual fact came up with the curious decision that candidates could effectively opt for a "fifth community" - of something like conscientious objectors - instead of the four in the constitution. This well-meaning judgement would have produced the exact opposite of what the press pretended, by effectively stabilizing the unjust best loser system. Since then there has been a Full Bench judgment reversing the judgement on the grounds that a three-quarter majority of the elected National Assembly is necessary to interfere with the Best Loser System. Unfortunately the judgement also, while confirming the Best Loser classification, undoes a decade of enlightened judgements that had introduced a broader human rights concept into interpretations of the Constitution.
Now, in another reactionary move at the end of the year, a right-wing communalist party has lodged a case to annul the general elections in the four constituencies where the Rezistans and Alternativ candidates stood, on the grounds that they were held unconstitutionally.