No express provision to bar registration of parties having religious names: EC to SC

New Delhi: The Election Commission on Friday told the Supreme Court that there is no express provision under law which bars associations with religious connotations to register themselves as political parties. The poll panel response came on a plea which had sought direction to it to cancel the symbol or name allotted to the political parties which symbolise a religion.

It, however, said the registered names of those existing political parties which are having religious connotation have become legacy names as they have been in existence for decades. The poll panel said, nonetheless, political parties are required to abide by the principle of secularism as mandated by provisions of the Representation of People (RP) Act, 1951. Petitioner Syed Waseem Rizvi, alias Jitendra Tyagi, has sought direction to the Election Commission to cancel the symbol or name allotted to the political parties which in any way symbolise any religion as such practice violates the social fabric of the Constitution.

The top court has asked the Indian Union Muslim League (IUML) to file its response on a plea alleging misuse of religious names and symbols by political parties.

A bench of Justices M R Shah and M M Sundresh told senior advocate Dushyant Dave, appearing for IUML, that he should file its reply in the plea. Dave pointed out that the petitioner, who is on bail in a hate speech case, has selectively targeted IUML and left out parties like Shiv Sena and Shiromani Akali Dal, which have far more religious connotation in their names.

Senior advocate Gaurav Bhatia, appearing for Rizvi, said that IUML is a registered political party in Kerala and has legislators in the assembly and the petitioner has also made party the All India Majlis-E-Ittehadul Muslimeen (AIMIM).

Bhatia, along with advocate Abhikalp Pratap Singh, said the petitioner has relied on decision of the seven-judge constitution bench in the Abhiram Singh case, in which it was held that election will be annulled if votes are sought in the name of the religion of the candidate.