EC gets fresh HC notice for framing rules to stop caste-based rallies

The Allahabad HC had nine years ago, passed interim orders banning such rallies until the ECI joined proceedings and framed rules

Nine years after it passed an interim order banning the caste-based political rallies in Uttar Pradesh while hearing a Public Interest Litigation (PIL), the Allahabad High Court has now issued fresh notices to the Election Commission of India (EC) and four political parties (BJP, Congress, SP, BSP) in the case and listed the matter for next hearing on December 15. 

The Allahabad High Court had in July 2013 passed the interim order, directing that there shall be no caste-based rallies with political motive in the State till the Election Commission of India (EC) took suitable measures after participating in the court proceedings. 

However, in a November hearing before the Bench of Chief Justice Rajesh Bindal and Justice Jaspreet Singh, the court noted that the counsel for respondents were not present for the hearing and that no response had been filed by them.   

Taking note of this, the court then proceeded to issue fresh notices to the respondents, seeking their reply by the next date of hearing. 

The matter was taken up when Advocate Moti Lal Yadav had filed a PIL against caste-based political rallies being organised and sought directions that the Election Commission of India be directed to frame rules to control political parties against all acts of commission or omission to influence voters on the basis of caste and religion. 

The High Court had in July 2013, heard the PIL and ruled to ban such rallies till the ECI joined the proceedings and framed rules for the same. It had said it was exercising its powers under Article 226 of the Constitution to issue the directions even though the PIL did not specifically seek a ban. 

The court had in 2013 said that the traditional caste-system “was largely an apolitical institution”, adding, “In their attempt to seek political base in the caste system by means of politicization, it appears that the political parties have seriously disturbed the social fabrics and cohesiveness. It has rather resulted in causing social fissions.”