Can’t regulate political alliances: EC to HC on plea against INDIA

New Delhi The Election Commission of India (ECI) has told the Delhi high court that it cannot regulate political alliances since they are not recognised as regulated entities either under the Representation of People Act or the Indian Constitution. The affidavit was filed in response to a petition seeking that the Opposition bloc formed by 26 political parties on July 18, 2023 to take on the Bharatiya Janata Party (BJP) in the 2024 Lok Sabha elections should not be allowed to use the acronym INDIA (Indian National Developmental Inclusive Alliance).

“That the Answering Respondent (ECI) has been vested with the authority to register associations of bodies or individuals of a political party in terms of Section 29A of the RP Act. Notably political alliances are not recognised as regulated entities under the Representation of People Act, 1951 (RP Act) or Constitution,” the poll body stated in the affidavit while referring to Kerala high court’s ruling in Dr George Joseph vs Union of India (2021).

The Kerala high court in the Dr George Joseph case refused to direct ECI to regulate the functioning of political alliances -- the Left Democratic Front, United Democratic Front and National Democratic Alliance -- adding that these are not legal entities in terms of the RP Act.

The plea, filed by activist Girish Bharadwaj, argued that by calling themselves INDIA, the 26 Opposition parties “want to take undue advantage of the name of our country for the upcoming Lok Sabha elections next year”.

In this regard, a bench of chief justice Satish Chandra Sharma and justice Sanjeev Narula on August 4, 2023 sought responses from the Centre, ECI and the 26 parties.

The apex poll body stated in the affidavit that it only has the authority to regulate matters concerning elections. “The authority of the Answering Respondent is to be exercised in accordance with law passed by the parliament albeit the Answering Respondent has the authority to regulate matters concerning elections in the absence of any contrary law in force,” the affidavit said.

Bharadwaj, in his plea, also contended that though he had sent a representation to ECI on July 19 requesting the apex poll body to take necessary action against the use of acronym INDIA, ECI had “miserably failed” to take any action or condemn the selfish act of the parties.

“The respondent political parties are using the acronym India with malicious intent which will only act as a factor for diminishing the goodwill of our great nation i.e., India/Bharat, not only in our country but also on various international platforms,” the plea said.

Notably, the Supreme Court on August 11, 2023 had refused to entertain a plea seeking to restrain 26 political parties from using the acronym INDIA. Laying emphasis on the fact that the plea was filed to seek publicity, a bench headed by justice Sanjay Kishan Kaul remarked at the time that the court would not determine morality in politics.

HT reached out to parties concerned but didn’t get a response.