The Election Commission of India (ECI) has submitted before the Allahabad high court that it has no jurisdiction to ban caste-based rallies of political parties organised during non-election period and nor does it have the power to ban such parties from contesting subsequent elections.
- The ECI filed its response before the high court on February 16 in reply to a petition filed by advocate Moti Lal Yadav.
- The ECI also submitted before the court that its model code of conduct has set of rules to prohibit campaigning or seeking votes on the basis of caste, creed or religion. However, these rules can only be enforced during the election period and not during non-election period.
Cancelation of registration
- The ECI submitted that while it can register a party under Section 29A of the Representation of the People Act, 1951, the commission has no power to de-register a political party [except on the limited grounds as mentioned in the Supreme Court order in the case of Indian National Congress vs. Institute of Social Welfare and Others (2002) for violating provisions of the Constitution or committing a breach of their undertaking given to the ECI under Section 29A (5).
In the case of Indian National Congress vs. Institute of Social Welfare and Others (2002), the Supreme Court had explained that a political party can be deregistered when:
- (1) the ECI finds that the political party in question has obtained registration through fraud or forgery,
- (2) when the political party changes its nomenclature of association, rules and regulation abrogating the provisions therein conforming to the provisions of Section 29A (5) or it intimates the Commission that it has ceased to have faith and allegiance to the Constitution of India and
- (3) when the Central Government declares a registered political party illegal for example under the terms of the UAPA, 1967.
