Supreme Court seeks EC stand on plea for actionagainst religious party names, symbols

Political parties using religious connotations in their symbol or name raises a “very important matter”, said the Supreme Court on Monday, as it sought the Election Commission of India (ECI)’s response to a public interest litigation (PIL) seeking cancellation of such symbols and names.

Political parties using religious connotations in their symbol or name raises a “very important matter”, said the Supreme Court on Monday, as it sought the Election Commission of India (ECI)’s response to a public interest litigation (PIL) seeking cancellation of such symbols and names.

Political parties using religious connotations in their symbol or name raises a ‘very important matter’, said the Supreme Court on Monday.

A bench of Justices MR Shah and Hima Kohli said: “This (petition) raises a very important matter on religious symbols so that voters are not influenced.” Granting the poll panel two weeks to file its response, the bench said, “You are the Election Commission. You have to suggest what is to be done.”

The court also turned down the ECI’s plea for three weeks time to file its reply. “When you hold an election, you are bound by the time schedule. Do you extend it then?” the court asked.

The order came on a PIL filed by Jitendra Tyagi, formerly UP Shia Waqf Board Chairman Syed Waseem Rizvi.

In his petition, Tyagi said that use of religious symbols or names to seek votes violates provisions of the Representation of the People Act, 1950, and goes against the principle of secularism under the Constitution. He also provided a list of political parties using religious connotations in their poll symbols or party names.

The court, while issuing notice to the Central government and ECI on September 5, had allowed the petitioner to add political parties against whom orders were sought to cancel their symbol/name that were found by the petitioner to symbolise a religion.

Rizvi gave two instances — the Indian Union Muslim League (IUML) and the All India Majlis-e-Ittehadul Muslimeen (AIMIM) which are registered political parties recognised as state parties in Kerala and Telangana respectively.

He further pointed out names of several other lesser known political parties such as the Akhil Bharat Hindu Mahasabha, Hindu Ekta Andolan Party, Christian Democratic Front, Indian Christian Secular Party and Sehajdhari Sikh Party.

Earlier, Tyagi’s lawyer Gaurav Bhatia had informed the court that IUML has five Members of Parliament – four in Lok Sabha and one in Rajya Sabha and about 15 members in the Kerala legislative assembly. Similarly, AIMIM has representation in Lok Sabha, Telangana assembly and Bihar legislative assembly, Bhatia had pointed out.

A senior leader IUML leader said the party will study observations of the apex court in detail and take necessary steps.

As per Section 123(3) of the 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.

Tyagi’s petition said, “India is known for its diverse religions but the belief in religion 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 a religious symbol or name, then the whole purpose of enacting Section 123(3) of RP Act, 1951, would cease to exist.”

It further stated that Section 29A of the RP 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.”

According to Rizvi, political parties such as IUML, Hindu Sena and AIMM, 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 states, “There shall be no appeal to caste or communal feelings for securing votes.”