Lucknow, Feb 3 (PTI) The Lucknow bench of the Allahabad High Court on Tuesday held that no individual or political party can be completely barred from contesting elections under the present legal framework merely on the ground of influencing voters on the basis of caste or religion.
The court said framing such provisions falls within the domain of the legislature and clarified that the Election Commission does not have the power to cancel the registration of a political party on this ground.
A division bench comprising Justice Rajan Roy and Justice A K Chaudhary delivered the verdict while disposing of a public interest litigation filed in 2013 by Motilal Yadav, which had sought directions to curb caste-based rallies by political parties.
In its judgment, the bench observed that Section 8A of the Representation of the People Act is the only provision that permits disqualification in cases of electoral malpractice. It clarified that there is no provision in the existing law allowing a pre-emptive ban on a political party or an individual, and any such power can be conferred only by Parliament.
Referring to earlier Supreme Court rulings, the court said even the Election Commission cannot deregister a political party except in limited circumstances as laid down by the apex court.
It added that while the recognition of a political party can be suspended or withdrawn under Paragraph 16A of the Election Symbols (Reservation and Allotment) Order, 1968, the authority to introduce new or additional grounds rests solely with the legislature, not the courts.
Taking a broader social view, the bench remarked that narrow-mindedness based on caste and religion cannot be addressed permanently through laws alone and emphasised the need for inculcating the right values within families and the education system. PTI COR KIS KSS KSS
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