Today, the Election Commission of India submitted before the Allahabad High Court that they have no jurisdiction to Ban Caste Based Rallies during the Non-election Period. Commission further said that they have no power to ban them from contesting subsequent polls.

The Submission was made back in 2013,  in a plea filed by Moti Yadav before Allahabad High Court seeking a ban on all such political rallies that organize caste rallies. The PIL plea also seeks a direction from the ECI to cancel the registration of such political parties which organize such rallies.

At that time, High Court issued a notice to the Election Commission of India as well as other political parties, 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.

In response, the ECI 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 a subsequent election"

Further, it has formulated a set of strict rules which prohibit electioneering and follows Universal Adult Franchise. 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 action against the political parties.

The Election Commission further held that while it can register a party under Section 29A of the Representation of the People Act, 1951, the commission has no power to de-register a political party [except on the limited grounds as mentioned in the Supreme Court order in the case of Indian National Congress vs. Institute of Social Welfare and Others (2002) 5 SCC 685] for violating provisions of the Constitution or committing a breach of their undertaking given to the ECI under Section 29A (5).