New Delhi: The Election Commission of India knowledgeable the Delhi High Court on Monday that it doesn’t have any authorized authority to regulate “political alliances.” The ballot panel mentioned this in response to a petition difficult the use of the acronym I.N.D.I.A. by a coalition of 26 political events.
The ballot panel mentioned that it solely has the authority to conduct elections and register entities as political events. However, it clarified that “political alliances” will not be acknowledged as “regulated entities” beneath the Representation of the People Act or the Indian Constitution.
It, nevertheless, clarified that its reply is restricted to its function and the identical will not be construed as its “expression” on the “legality of the usage of the acronym I.N.D.I.A”.
Here’s what EC instructed Delhi HC
“Answering Respondent (EC) is constituted under Article 324 of the Constitution of India for superintendence, direction and control of the conduct of all elections to parliament, state legislatures and the offices of president and vice president,” the counter affidavit filed by way of advocate Sidhant Kumar mentioned.
“The Answering Respondent has been vested with the authority to register association of bodies or individuals of a political party in terms of Section 29A of Representation of People Act, 1951 (‘RP Act’). Notably, political alliances are not recognised as regulated entities under the RP Act or the Constitution,” it said.
The Election Commission identified a choice made by the Kerala High Court, which said {that a} political entrance or an alliance of political events doesn’t represent a authorized entity in accordance to the Representation of the People Act. The court docket additionally famous that there isn’t any statutory provision obliging the Election Commission to regulate the operations of such political alliances.
What was mentioned in a plea?
Girish Bharadwaj, the petitioner, had beforehand approached the excessive court docket to problem the use of the I.N.D.I.A. acronym by the political events, arguing that they have been taking “undue advantage in the name of our country”. The petitioner has sought an interim order staying the use of the acronym I.N.D.I.A. by the political events and to additionally prohibit the use of the nationwide flag with the acronym I.N.D.I.A. by the respondent political alliance.
The petition, represented by advocate Vaibhav Singh, argues that these events have introduced their intention to contest the 2024 Lok Sabha elections as a coalition against the Bharatiya Janata Party (BJP)-led National Democratic Alliance (NDA). This assertion is supported by statements made by leaders corresponding to West Bengal Chief Minister Mamata Banerjee and Congress chief Rahul Gandhi.
“…. by dragging the title of our Nation Mr (Rahul) Gandhi very cunningly introduced the title of their alliance because the title of our nation and tried to present that the NDA/BJP and Hon’ble Prime Minister Mr (Narendra) Modi is in battle with our personal nation, that’s, INDIA and this try of Mr Gandhi had created confusion within the thoughts of widespread those who the upcoming normal election of 2024 shall be a struggle between political events or between alliance and our nation.
“That by creating this confusion the respondent political parties want to take undue advantage in the name of our country,” the plea has mentioned. It has mentioned that the petitioner gave a illustration to the EC however no motion was taken after which he approached the excessive court docket with the petition.
Who are in I.N.D.I.A. bloc?
The political events which have been arrayed as respondents are Indian National Congress, All India Trinamool Congress, Dravida Munnetra Kazhagam, Aam Aadmi Party, Janata Dal (United), Rashtriya Janata Dal, Jharkhand Mukti Morcha, Nationalist Congress Party (Sharad Pawar), Shiv Sena (UBT), Samajwadi Party, Rashtriya Lok Dal, Apna Dal (Kamerawadi).
Besides, the opposite political events are Jammu and Kashmir National Conference, Peoples democratic Party, Communist Party of India (Marxist), Communist Party of India, Marumalarchi Dravida Munnetra Kazhagam, Konganadu Makkal Desia Katchi (KMDK), Viduthalai Chiruthaigal Katchi and Indian Union Muslim League. Revolutionary Socialist Party, Communist Party of India (Marxist-Leninist) Liberation, All India Forward Bloc, Kerala Congress (Joseph), Kerala Congress (Mani) and Manithaneya Makkal Katchi (MMK) have additionally been arrayed as respondent events.
In August, the excessive court docket had sought response from the Centre, Election Commission of India and the political events on the petition whereas itemizing it for listening to on October 31.
(With PTI inputs)
