EC tells Allahabad HC it does not have power to ban caste rallies by parties in non-election period

File photo of the Election Commission of India. The EC on March 13, 2023, submitted before the Allahabad HC that it does not have powers to ban caste-based political rallies.
| Photo Credit: Today News 24

The Election Commission of India (EC) does not have the jurisdiction to restrict caste-based political rallies held by political parties during non-election period, and nor does it have the power to ban such parties from contesting subsequent elections, the election watchdog has submitted before a Bench of the Allahabad High Court, responding to a writ petition that sought a ban on all such political rallies.

The EC filed its response before the court on February 16, in response to the petition filed by advocate Moti Lal Yadav, who had also sought that any political party holding such rallies should be de-registered. Mr. Yadav had filed the petition in 2013, following which the Allahabad HC had issued notice to the EC and other respondents in July while at the same time issuing interim directions to ban all such caste-based rallies across Uttar Pradesh until the ECI “took suitable measures” and appeared before court. 

After not having received any reply in the matter till November 2022, the High Court had issued a fresh notice to all parties seeking their counters. Along with the EC, the petition had listed as respondents the Bharatiya Janata Party (BJP), the Indian National Congress (INC), the Samajwadi Party (SP) and the Bahujan Samaj Party (BSP), both the Union and State governments, and the Chief Election Officer of Uttar Pradesh. 

Responding to the fresh notice, the EC filed its reply in the matter in February this year. In the affidavit, the EC has submitted that it “has no jurisdiction to restrict the convening of meetings and rallies on caste lines by political parties during non-election period and to ban them from contesting subsequent election”.

“Therefore, the prayer for taking action to the Election Commission against parties and persons during non-election period is not maintainable,” the ECI said. 

Responding to the prayer that the EC should be directed to de-register political parties, the commission submitted that while it had the power to register political parties under Section 29A of the Representation of the People Act, 1951, “once a political party is registered, there is no provision in the Law for review of the registration or for the cancelling the registration of any political party on any ground including the violation of its undertaking under Section 29A (5)“. 

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The EC, however, cited the Supreme Court’s 2002 judgment in Indian National Congress Vs. Institute of Social Welfare and Others to note that there are only three exceptions under which it can review the registration of a political party. 

The first is in cases where the political party in question has obtained registration through fraud or forgery. The second is where a party “changes its nomenclature of association, rules and regulation abrogating the provisions therein conforming to the provisions of Section 29A (5) or intimating the Commission that it has ceased to have faith and allegiance to the Constitution of India or to the principles of socialism, secularism and democracy, or it would not uphold the sovereignty, unity and integrity of India”. 

And the third is where no enquiry is called for on the part of the Commission – for instance, in cases where a registered political party had been declared unlawful by the Union government under the provisions of the Unlawful Activities (Prevention) Act or any other similar law. 

In addition to this, the ECI submitted that its Model Code of Conduct already prescribes a set of strict rules that prohibit electioneering along communal lines, or seeking votes on the basis of caste, creed, or religion. However, these rules cannot be enforced during the non-election period as they kick in only after any election is announced. 

The ECI thus submitted, “In view of the above, it is humbly submitted that the prayers made against the Answering Respondent are misconceived and legally untenable.”