EC tells Allahabad HC it does not have power to ban caste rallies by parties in non-election period

Election watchdog says it can only cancel registration of political parties under very limited circumstances as prescribed by the Supreme Court

The Election Commission of India (EC) does not have the jurisdiction to restrict caste-based political rallies held by political parties during non-election period, and nor does it have the power to ban such parties from contesting subsequent elections, the election watchdog has submitted before a Bench of the Allahabad High Court, responding to a writ petition that sought a ban on all such political rallies.

The EC filed its response before the court on February 16, in response to the petition filed by advocate Moti Lal Yadav, who had also sought that any political party holding such rallies should be de-registered. Mr. Yadav had filed the petition in 2013, following which the Allahabad HC had issued notice to the EC and other respondents in July while at the same time issuing interim directions to ban all such caste-based rallies across Uttar Pradesh until the ECI “took suitable measures” and appeared before court. 

After not having received any reply in the matter till November 2022, the High Court had issued a fresh notice to all parties seeking their counters. Along with the EC, the petition had listed as respondents the Bharatiya Janata Party (BJP), the Indian National Congress (INC), the Samajwadi Party (SP) and the Bahujan Samaj Party (BSP), both the Union and State governments, and the Chief Election Officer of Uttar Pradesh. 

Responding to the fresh notice, the EC filed its reply in the matter in February this year. In the affidavit, the EC has submitted that it “has no jurisdiction to restrict the convening of meetings and rallies on caste lines by political parties during non-election period and to ban them from contesting subsequent election”.

“Therefore, the prayer for taking action to the Election Commission against parties and persons during non-election period is not maintainable,” the ECI said. 

Responding to the prayer that the EC should be directed to de-register political parties, the commission submitted that while it had the power to register political parties under Section 29A of the Representation of the People Act, 1951, “once a political party is registered, there is no provision in the Law for review of the registration or for the cancelling the registration of any political party on any ground including the violation of its undertaking under Section 29A (5)“. 

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