'No Power To Ban Caste Rallies By Political Parties In Non-Election Period', ECI Submits Before Allahabad High Court
Live LawThe Election Commission of India has submitted before the Allahabad High Court that it has no Jurisdiction to either ban caste-based rallies organized by political parties in the non-election period or to ban them from contesting subsequent polls.The submission was made by the Election watchdog in a Public Interest Litigation plea filed by one Moti Lal Yadav before the High Court in. The Election Commission of India has submitted before the Allahabad High Court that it has no Jurisdiction to either ban caste-based rallies organized by political parties in the non-election period or to ban them from contesting subsequent polls. The PIL plea Hearing the plea in the year 2013, the High Court issued a notice to the ECI as well as other political parties, and it also issued interim directions to ban all such caste-based rallies across Uttar Pradesh, however, since no replies were filed before the Court till November 2022, fresh notices were served to the respondents. Pursuant to Court's last year order, the ECI filed a response in the matter last month wherein it submitted that it does not have "jurisdiction to restrict the convening of meetings and rallies on caste lines by political parties during the non-election period and to ban them from contesting subsequent election" Significantly, the ECI submitted that it has formulated a set of strict rules which prohibit electioneering along communal lines, or seeking votes on the basis of caste, creed, or religion, however, the violation of the same can not be dealt with by the ECI outside the election period The ECI also informed the Court that it can take action against delinquent political parties, contesting candidates, and their agents who make appeals on caste lines in their election campaign only during the election period and that outside this period, it can not take actions against the political parties.