'Can't regulate political alliances': Election Commission to Delhi HC on plea against use of I.N.D.I.A acronym
The Election Commission (EC), in its reply filed in the case, said it has the power to conduct elections and register entities as a political party but "political alliances" are not recognised as "regulated entities" under the Representation of the People Act or the Indian Constitution.
New Delhi: The Election Commission of India informed the Delhi High Court on Monday that it does not have any legal authority to regulate "political alliances." The poll panel said this in response to a petition challenging the use of the acronym I.N.D.I.A. by a coalition of 26 political parties.
The poll panel said that it only has the authority to conduct elections and register entities as political parties. However, it clarified that "political alliances" are not recognized as "regulated entities" under the Representation of the People Act or the Indian Constitution.
It, however, clarified that its reply is limited to its role and the same may not be construed as its "expression" on the "legality of the usage of the acronym I.N.D.I.A".
Here's what EC told 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 through advocate Sidhant Kumar said.
"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 stated.
The Election Commission pointed out a decision made by the Kerala High Court, which stated that a political front or an alliance of political parties does not constitute a legal entity according to the Representation of the People Act. The court also noted that there is no statutory provision obliging the Election Commission to regulate the operations of such political alliances.
What was said in a plea?
Girish Bharadwaj, the petitioner, had previously approached the high court to challenge the use of the I.N.D.I.A. acronym by the political parties, arguing that they were 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 parties and to also prohibit the use of the national flag with the acronym I.N.D.I.A. by the respondent political alliance.
The petition, represented by advocate Vaibhav Singh, argues that these parties have announced 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 such as West Bengal Chief Minister Mamata Banerjee and Congress leader Rahul Gandhi.
".... by dragging the name of our Nation Mr (Rahul) Gandhi very cunningly presented the name of their alliance as the name of our nation and tried to show that the NDA/BJP and Hon’ble Prime Minister Mr (Narendra) Modi is in conflict with our own nation, that is, INDIA and this attempt of Mr Gandhi had created confusion in the mind of common people that the upcoming general election of 2024 will be a fight between political parties or between alliance and our country.
"That by creating this confusion the respondent political parties want to take undue advantage in the name of our country," the plea has said. It has said that the petitioner gave a representation to the EC but no action was taken after which he approached the high court with the petition.
Who are in I.N.D.I.A. bloc?
The political parties 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 other political parties 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 also been arrayed as respondent parties.
In August, the high court had sought response from the Centre, Election Commission of India and the political parties on the petition while listing it for hearing on October 31.
(With PTI inputs)