New Delhi, September 5
The Supreme Court on Monday issued notice to the Centre and Election Commission on a petition alleging misuse of religious names and symbols by political parties.
Asking the Centre and EC to respond to the petition filed by Syed Waseem Rizvi, a Bench led by Justice MR Shah gave liberty to the petitioner to implead the political parties against whom he wanted the top court to issue directions.
“The people must vote on the basis of anything except religion. If a candidate is elected on the basis of religious symbol/name, then the whole purpose of enacting sub-clause (3) of Section 123 of RP Act would cease to exist,” Rizvi contended.
On behalf of the petitioner, senior advocate Gaurav Bhatia submitted that names and symbols of several political parties violated Representation of People Act, 1951 (RP Act) and some of them even had their flags as crescent moon and stars.
As the Bench asked if the RP Act would be applicable if votes were asked on the grounds of religious beliefs, Bhatia referred to Section 123(3)(A) of Act and the top court’s verdict judgment in the Abhiram Singh case.
Pointing out that the top court in SR Bommai’s case ruled that secularism is a part of basic structure, Bhatia asserted that political parties can’t have names with religious connotation.
“The reasoning for such prohibition flows from the constitutional mandate of secularism which although never denies the presence of any supreme or supernatural power governing the Indians, it does not favour any religion on the cost of others,” the petitioner submitted.
Supreme Court issues notice to Centre, EC on PIL against political parties using religious symbols, names
