The Election Commission of India (ECI) recently submitted before the Allahabad High Court that it has no jurisdiction to ban caste-based rallies organised by political parties during the non-election period..In its counter-affidavit, the ECI also submitted that the High Court cannot ban political parties from contesting subsequent rallies as a consequence of holding caste-based rallies..The Court was hearing a public interest litigation (PIL) filed by one Moti Lal Yadav in 2013, which sought a complete ban on all political parties that are involved in organising caste rallies. The plea had further sought delisting of all such political parties..Last year, the Court had issued fresh notices to the ECI and various political parties, after noting that there was no response to the plea.Meanwhile, the Court had also issued interim orders to ban all caste-based rallies across the State of Uttar Pradesh..Subsequently, the ECI filed the present counter affidavit, stating that it has no jurisdiction to restrict the convening of meetings and rallies on caste lines by political parties during the non-election period..The Commission further informed the Court 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 cannot be dealt with by the ECI outside the election period.The affidavit added that the poll body can take action against delinquent political parties, contesting candidates and their agents who make appeals on caste lines in their election campaigns only during the election period, after the Model Code of Conduct kicks in, and till the completion of polls, but not after this period ends.
The Election Commission of India (ECI) recently submitted before the Allahabad High Court that it has no jurisdiction to ban caste-based rallies organised by political parties during the non-election period..In its counter-affidavit, the ECI also submitted that the High Court cannot ban political parties from contesting subsequent rallies as a consequence of holding caste-based rallies..The Court was hearing a public interest litigation (PIL) filed by one Moti Lal Yadav in 2013, which sought a complete ban on all political parties that are involved in organising caste rallies. The plea had further sought delisting of all such political parties..Last year, the Court had issued fresh notices to the ECI and various political parties, after noting that there was no response to the plea.Meanwhile, the Court had also issued interim orders to ban all caste-based rallies across the State of Uttar Pradesh..Subsequently, the ECI filed the present counter affidavit, stating that it has no jurisdiction to restrict the convening of meetings and rallies on caste lines by political parties during the non-election period..The Commission further informed the Court 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 cannot be dealt with by the ECI outside the election period.The affidavit added that the poll body can take action against delinquent political parties, contesting candidates and their agents who make appeals on caste lines in their election campaigns only during the election period, after the Model Code of Conduct kicks in, and till the completion of polls, but not after this period ends.