Delhi HC junks plea seeking direction to EC to de-register political parties misusing religion for electoral gain

The Delhi High Court today refused to entertain a public interest litigation seeking a direction to the Election Commission to take appropriate steps to de-register political parties who are found misusing the religion, race, caste, community and language for electoral gain..As per the Petitioner, Ashwini Kumar Upadhyay, the PIL was ‘triggered’ by the statement made by President of Makkal Needhi Maiam, Kamal Haasan on May 13, describing Mahatma Gandhi’s assassin Nathuram Godse as independent India’s first Hindu Terrorist..The Petitioner claimed that the statement was made deliberately in the presence of a Muslim majority crowd for electoral gain..He thus sought a direction to the Election Commission to refer all such complaints relating to the misuse of religion, race, caste, community, and language by contesting candidates and political office bearers for electoral gain to the respective investigation agencies for a probe..The matter was heard by a Division Bench of Justices GS Sistani and Jyoti Singh..The Petitioner argued that such conduct violated the principle of free and fair elections and constituted corrupt practice under Section 123(3) of the Representation of People Act,1951. .The Election Commission, represented by advocate PR Chopra, argued that the statement by Haasan was made in Tamil Nadu and no cause of action arose in Delhi..Subsequently, as per media reports, an FIR was also lodged against him and law had already been set into motion, Chopra stated..The Court was also informed that representation on the statement was also pending before the Election Commission..After hearing the parties, the Court concluded that no grounds for interference were made out and refused to entertain the petition..It, however, clarified that the Petitioner was free to seek appropriate remedies before an appropriate legal forum..Image taken from here..Bar & Bench is available on WhatsApp. For real-time updates on stories, click here to subscribe to our WhatsApp.