E-Paper
SC notice on plea to cancel symbols, names of political parties using religion
A petition in the Supreme Court has sought cancelling the names and symbols of political parties having religious connotations
The Supreme Court on Monday sought responses of the Centre and the Election Commission of India over a petition to cancel the names and symbols of political parties having religious connotations and allowed such political parties to be joined in the proceedings when the matter is next heard on October 18.
The petition was filed by former Uttar Pradesh Shia Waqf Board chairman Wasim Ahmed Rizvi who said that use of religious symbols or names of religion to seek votes violates the provisions of the Representation of Peoples Act and goes against the principle of secularism under the Constitution.
Senior advocate Gaurav Bhatia appearing for Rizvi gave two instances of the Indian Union Muslim League (IUML) and the All India Majlis-Elttehandul Muslimeen (AIMM) which are registered political parties recognised as state parties in Kerala and Telangana respectively.
The bench of justices MR Shah and Krishna Murari asked Bhatia, “Are they running for elections,” as the petitioner had pointed out names of several other political parties in its plea comprising the Akhil Bharat Hindu Mahasabha, the Hindu Ekta Andolan Party, the Christian Democratic Front, the Indian Christian Secular Party and the Sehajdhari Sikh Party to name a few, citing the use of religion in the party name and its symbol.
Bhatia told the court that the IUML has five members of Parliament (MPs)-- four in the Lok Sabha and one in the Rajya Sabha-- and about 15 members in the Kerala legislative assembly. Similarly, the AIMM has representation in the Lok Sabha, Telangana assembly and one member in the Bihar legislative assembly.
Posting the matter for further consideration on October 18, the bench said, “Issue notice. Leave granted to petitioner to add political parties against whom relief is sought to cancel their symbol or name which according to petitioner symbolises a religion.”
Rizvi in his 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 the Representation of Peoples Act, 1951 would cease to exist.” As per Section 123(3), 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.
This provision came for interpretation in the Supreme Court in 2017 in Abhiram Singh v CD Commachan, where it was said, “Religion, race, caste, community or language would not be allowed to play any role in the electoral process and should an appeal be made on any of those considerations, same would constitute a corrupt practice.”
The petition further said that Section 29A of the Representation of Peoples Act 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.”
Referring to political parties such as the IUML, the Hindu Sena and the AIMM, the petition said, “The political parties are using religion in the name and violating the social fabric of the Indian Constitution.” The usage of religion in the party’s name also violates the mandate of Model Code of Conduct (MCC), the petition added. The MCC issued by the Election Commission says, “There shall be no appeal to caste or communal feelings for securing votes.”
Rizvi said that both the parties (the AIMM and the IUML) enjoy immense public support and garner massive electoral gains by appealing the voters, not on the basis of developmental work carved out by them but the “colourisation of elections with religious sentiments,” by targeting one community for electoral gains by making communal remarks on other communities. The petition was filed in March 2021. Rizvi converted to Hinduism adopting the name Jitendra Narayan Tyagi in December last year.
