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The petitioner alleged that despite clear legal provisions political parties and their representatives routinely polarize voters based on religion, caste, and language, both during and outside election periods
The Madras High Court on Monday, June 3, 2024, sought response from the Election Commission of India (ECI) on a public interest litigation petition calling for a nationwide campaign to educate voters that soliciting votes based on religion, caste, or language constitutes corrupt electoral practices.
A division bench comprising Acting Chief Justice R. Mahadevan and Justice Mohammed Shaffiq issued notice to the ECI, with a response due within 12 weeks.
The PIL petition was filed by Advocate Rajesh Anouar Mahimaidass, who represented himself in the case.
The petitioner informed the court that the preamble of the Constitution unequivocally declares India to be a secular nation. Additionally, in the 2017 case of Abhiram Singh versus C.D. Commachen, the Supreme Court interpreted Section 123(1) of the Representation of the People Act, 1951, ruling that soliciting votes on the basis of religion, caste, or language constitutes a corrupt electoral practice. Furthermore, in a 2023 decision, the apex court urged States to take strong action against hate speeches, he submitted.
Despite clear legal provisions, the petitioner complained that political parties and their representatives routinely polarize voters based on religion, caste, and language, both during and outside election periods. He emphasized the necessity of conducting an awareness campaign on this issue even in non-election times.
The petitioner stated that his representations to the ECI since 2023 had not received any response. Therefore, to ensure voters can exercise their franchise free from the influence of hate speeches, he insisted on conducting an awareness campaign through both mainstream and social media.
He requested that the ECI's website and the websites of Chief Electoral Officers in all States prominently display this information. Additionally, he urged the court to appoint an independent commission, consisting of retired judges and human rights activists, to oversee the enforcement of the Supreme Court's 2017 verdict in Abhiram Singh’s case.
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