Allahabad HC Issues Fresh Notice to Major Political Parties Over PIL Petition for Ban on Caste-Based Rallies

Allahabad HC Issues Fresh Notice to Major Political Parties Over PIL Petition for Ban on Caste-Based Rallies

On March 18, the Allahabad High Court issued a new notice to the Bharatiya Janata Party (BJP), Congress Party, Samajwadi Party, and Bahujan Samaj Party in response to a public interest litigation (PIL) petition. The petition calls for a comprehensive prohibition on rallies organized along caste lines.

The PIL, initiated by Moti Lal Yadav in 2013, aims to enforce a total prohibition on political parties engaged in arranging caste-based rallies. Additionally, the plea requests the removal of all such political parties from official listings.

Chief Justice Arun Bhansali and Justice Jaspreet Singh observed that notice had been previously served to the respondents, and they had been given ample time to submit their responses.

However, the Court extended one final opportunity to the political parties to submit their responses.

In March of the preceding year, the Election Commission of India (ECI) presented an affidavit before the High Court, asserting that it lacks jurisdiction to prohibit caste-based rallies organized by political parties outside of the election period.

The Election Commission of India (ECI) also informed the Court that it has established stringent regulations that forbid campaigning along communal lines or soliciting votes based on caste, creed, or religion. However, the ECI clarified that it lacks authority to address violations of these rules outside of the official election period.

The affidavit further clarified that the Election Commission can take action against errant political parties, candidates contesting elections, and their agents who make appeals based on caste during their election campaigns only within the election period, starting from when the Model Code of Conduct comes into effect until the completion of the polls. However, such actions cannot be taken after this period concludes.

The matter will be taken up next on April 10.

Petitioner Moti Lal Yadav appeared in person.

Central Government Standing Counsel, Additional Solicitor General, advocates Kaushlendra Yadav and OP Srivastava appeared for respondents.

 
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