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The plea stated that the use of names with religious connotations or symbols similar to the national flag or emblem might prejudicially affect the poll prospects of a candidate and would amount to a corrupt practice under the Representation of the People Act (RPA), 1951
A division bench comprising Chief Justice Satish Chandra Sharma and Justice Saurabh Banerjee of the Delhi High Court on Wednesday granted the Centre another 4 weeks' time to file its response on a petition for de-registering political parties having names with "caste, religious, ethnic or linguistic" connotations and flags that resemble the national tri-color.
During the hearing today, the counsel for the Centre, Ministry of Law submitted, "They prima-facie say that they want to examine it and seek two week's time for that".
"Learned counsels for the respondents pray for 4 weeks' time to file reply. List the matter thereafter", the court ordered.
The matter will be next heard on October 18, 2023.
In May, while observing that the central government was an "equally important party", the division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad had said, “Counsel for Union of India prays for 4 weeks' time to seek instructions. He is granted 4 weeks' time." The bench had also directed the Election Commission of India (ECI) to seek further instructions on the matter.
Advocate Ashwini Kumar Upadhyay in the plea stated that the use of names with religious connotations or symbols similar to the national flag or emblem might prejudicially affect the poll prospects of a candidate and would amount to a corrupt practice under the Representation of the People Act (RPA), 1951.
The plea sought directions to ECI to review the political parties, registered with caste, religious, ethnic, or linguistic connotations and ensure that they are not using a flag, similar to the national flag, and de-register them if they fail to change it within three months.
“Presently there are many political parties such as Hindu Sena, All India Majlis-e-Ittehadul Muslimeen, Indian Union Muslim League, etc. with religious, caste, ethnic, and linguistic connotations. In addition, there are political parties including the Indian National Congress, which use a flag similar to the national flag, which is against the spirit of Section 123 of the RPA, 1951”, the plea read.
Case Title: Ashwini Kumar Upadhyay v. Union of India & Ors.
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