Hearing on the name of political parties related to religion: Delhi High Court seeks response from Center in four weeks, petitioner objects to Congress flag too

The petition cited examples of political parties such as the Hindu Sena, the All India Majlis-e-Ittehadul Muslimeen and the Indian Union Muslim League.

The Delhi High Court has given four weeks time to the Center to explain its stand on the plea seeking cancellation of registration of religious political parties. This order has been given by a bench of Chief Justice Satish Chandra Sharma and Justice Subramaniam Prasad. The court says that despite issuing a notice on the PIL in 2019, the central government has not yet filed a reply. The next hearing of the case will be on August 9.

Know what has happened so far in this 4-year-old case…

when is the matter Four years ago, advocate Ashwini Kumar Upadhyay had filed a court case against political parties whose names are associated with religion or caste. The petition cited examples of political parties such as the Hindu Sena, the All India Majlis-e-Ittehadul Muslimeen and the Indian Union Muslim League.

what was said in the petition The petition states, such parties whose names identify with a particular religion or caste, then the Election Commission should review such political parties registered and if found correct, they should be ordered to change it. If the parties do not change the name of the party within three months, then their registration should be cancelled.

What was the answer given by the Election Commission When this matter reached the court, the court had also sought answers from the Election Commission. In its reply filed in 2019, the Election Commission had said that in 2005 it had taken a policy decision that no political party with a religious connotation would be registered and no such party has been registered since then.

Then the Election Commission had also said that before 2005, the registration of the parties in whose name religion is identified, will not be cancelled.

What is the objection to the tricolor flag of Congress
The petitioner had also objected to the tricolor flag of the Congress. The petition stated that there are several political parties, including the Indian National Congress, which use a flag similar to the national flag, which is in violation of the Representation of the People Act (RPA), 1951.

To this the Election Commission replied saying, the issue of the use of the national flag by the Congress as a symbol has already been decided by the Supreme Court, which had observed that the party has been using it for a long time.

The Election Commission also said that it has separately directed all recognized parties to take note of the Supreme Court’s direction not to seek votes on the basis of religion or caste and ensure strict compliance. Seeking votes on the basis of religion or caste would also be a violation of the Model Code of Conduct.

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