SC seeks IUML’s response on plea to cancel its registration

The Supreme Court on Friday sought response of the Indian Union Muslim League (IUML) on a petition to cancel the registration of the party and such other political outfits that use religious connotations in their name or election symbols

The Supreme Court on Friday sought response of the Indian Union Muslim League (IUML) on a petition to cancel the registration of the party and such other political outfits that use religious connotations in their name or election symbols.

The bench of justices MR Shah and MM Sundresh directed the IUML to file its response to the petition filed by former UP Shia Waqf Board Chairman Syed Waseem Rizvi. (ANI)

The decision by the Court came after the Election Commission filed a response on Thursday informing that political parties were prohibited in 2005 from using religious connotations in their symbol or name. However, no action was possible against parties such as IUML and All India Majlis-e-Ittihadul Muslimeen (AIMIM) since they were registered prior to this year.

The bench of justices MR Shah and MM Sundresh directed the IUML to file its response to the petition filed by former UP Shia Waqf Board Chairman Syed Waseem Rizvi. The matter has been posted for hearing on January 31.

The EC in its affidavit filed through advocate Amit Sharma said that the issue for cancelling registration of political parties using religious connotations was moved as a Bill in Lok Sabha in the year 1996 recommending amended Section 29A of Representation of Peoples Act, 1951. However, the bill lapsed with the dissolution of the term of Parlaiment. “As per the present statute, there is no express provision which bars associations with religious connotations to register themselves as political parties under Section 29A of the RP Act, 1951.”

The affidavit further stated that in 2005, the EC took a policy decision not to register any party using religious symbol. On May 19, 2014 the EC issued an order directing that political parties seeking registration should not have religious connotation.

Terming the parties in question (IUML, AIMIM) as registered state parties being “legacy names”, the EC said, “The registered names of those existing political parties which are having religious connotation have become legacy names, as they have been in existence for decades. Whether the names of these political parties may or- may not be disturbed is, accordingly, left open to the wisdom of this Court.”

The EC further stated, “Political parties which have religious connotation in their names also limit their electoral appeal to one particular group and thus, it is not beneficial for the electoral prospect of the concerned political party.”

Senior advocate Dushyant Dave appearing for IUML objected to the petitioner selectively including political parties to the petition. “This petitioner is on bail on orders of the Supreme Court in a case of hate speech. Let him say that he does not want to include other parties. The order of this Court on September 3 was to include all political parties (using religious symbols/names).”

The petitioner rebutted the allegation of bias against any political party. Senior advocate Gaurav Bhatia appearing for Rizvi told the Court that these two political parties were included as they were recognized registered state parties. On Shiv Sena, Bhatia said that the connotation “Shiv” referred to Chatrapati Shivaji and not Lord Shiva.

The petition filed by Rizvi had mentioned names of several other lesser known political parties such as Akhil Bharat Hindu Mahasabha, Hindu Ekta Andolan Party, Christian Democratic Front, Indian Christian Secular Party and Sehajdhari Sikh Party which use reference to religion in their party name or symbol.

As per Section 123(3) of Representation of Peoples Act, 1951, an appeal by a candidate or his agent to vote or refrain from voting for any person on the ground of his religion….or the use of, or appeal to religious symbols is a corrupt practice.

The petition said, “India is known for its diverse religions but the belief in the religions should not go hand in hand with the election. The people must vote on the basis of anything except religion. If the candidate is elected on the basis of religious symbol or name, then the whole purpose of enacting Section 123(3) of RP Act, 1951 would cease to exist.”

It cited Section 29A of the RP Act that requires political parties to bear true faith and allegiance to the principles of socialism, secularism and democracy. “By virtue of this Section 29A along with Section 123 of RP Act, 1951, the petitioner is seeking directions to cancel the names and symbols of political parties which directly or indirectly refer to a religion or carry religious connotation.”

According to Rizvi usage of religion in the party’s name also violates the mandate of Model Code of Conduct (MCC) which requires all political parties not to appeal to caste or communal feelings for securing votes.