SC notice to EC, Centre on plea against political parties using religion in name, symbols

Senior advocate Gaurav Bhatia asked if political parties can have a religious connotation in their name in violation of the RP Act and the Constitution

The Supreme Court on Monday issued notice to the Centre and the Election Commission on a plea for a direction to cancel the symbol and name allotted to political parties, using religion or carrying religious connotations.

The plea filed by Lucknow-based Syed Waseem Rizwi, through advocate Abhikalp Pratap Singh, contended that using religion to lure voters is strictly prohibited under Section 123 of Representation of People Act as per the secular values of the Constitution.

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Senior advocate Gaurav Bhatia, representing the petitioner, asked if political parties can have a religious connotation in their name in violation of the RP Act and the Constitution.

He submitted before a bench of Justices M R Shah and Justice Krishna Murari that two parties that are recognised state parties have the word "Muslim" in their name, and some parties have crescent moon and stars in their official flags.

For example, Indian Union Muslim League (IUML), party has MPs in Lok Sabha and Rajya Sabha and MLAs in Kerala. “This violates Model Code of Conduct. We need to see, can we pollute the politics," he asked.

Relying on apex court judgment in S R Bommai vs Union of India, Bhatia submitted that it was held by this court that secularism is part of the basic feature.

The bench, citing Section 123 of RPA, queried whether the bar will apply to political parties, as the section refers to a candidate. Bhatia submitted that if a candidate of a party with a religious name seeks votes, that candidate will be violating RPA and secularism.

After hearing arguments in the matter, the bench issued notice to ECI and secretary, Ministry of Law and Justice, returnable on October 18, and asked the petitioner’s counsel to implead concerned political parties in the matter.

The plea said people must vote on the basis of anything except religion.

"If a candidate is elected on the basis of religious symbol/ name, then the whole purpose of enacting sub-clause (3) of Section 123 of RPA would cease to exist,” it contended.