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Synopsis

The Delhi High Court on Wednesday granted the Centre four weeks' time to file its response to a petition for de-registering political parties having names with "caste, religious, ethnic or linguistic" connotations and flags that resemble the national tricolor.

During the hearing today, Advocate Ashwini Kumar Upadhyay informed the court that despite the issuance of notice in the present Public Interest Litigation (PIL) in 2019, the central government was yet to file a reply.

Observing that the central government was an "equally important party", the division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said, “Counsel for Union of India prays for 4 weeks' time to seek instructions. He is granted 4 weeks' time." The bench also directed the Election Commission of India (ECI) to seek further instructions on the matter.

The matter will be taken up next on August 9, 2023.

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.