The Supreme Court in the case Syed Waseem Rizwi v. ECI And Anr observed and has asked the Election Commission of India for filling its response in a writ petition which sought for ban of political parties which use names and symbols with religious connotations.
In the present case, the plea filled also seeks the strict enforcement of certain provisions of the Representation of People’s Act, 1951 which prohibits luring of voters and promoting feelings of enmity and hatred on the ground of religion between different classes of citizens.
The bench comprising of Justice MR Shah and Justice Hima Kohli observed and has proceeded for posting the matter to November 25, while stating that this plea is quite important.
It was observed that the counsel appearing for the ECI requested the Court to adjourn the hearing, while assuring that the present petition is not being treated as an adversarial litigation.
The counsel stated, Kindly grant us time to file counter, We are not treating it as adversarial litigation…We got to know of notice only last week. We want to see their suggestions.
Adding to this, the bench stated that the ECI should give suggestions apart from the petitioner
You should suggest, You are ECI
The court observed that during the hearing, a state-recognized political party from Kerala named Democratic Social Justice Party sought to intervene and assist the court in the matter and the same was entertained by the court.
ECI is there for assisting
During the previous course of hearing, which relief have been sought against the political parties to be impleaded in the matter.
The counsel appearing for the ECI requested the bench for more time to file the counter, i.e., beyond the time granted by the Court. Thus, the court took the same as an opportunity for reminding the counsel how the ECI is an agency which is strictly time-bound.
However, the bench queried in jest stated that Do you give more time for filing nominations? ECI is time-bound, You conduct elections.
A notice has been issued by the bench in the month of September.
The court observed that the counsel, Senior Advocate Senior Advocate Gaurav Bhatia appearing for the petitioner observed and has submitted that two parties which are recognised state parties have the word “Muslim” in their name. The court stated that some parties have crescent moon and stars in their official flags. It was stated was him that the petition listed several other parties which have religious names. The court also placed reliance on the Supreme Court bench judgment of S. R. Bommai vs Union of India and has submitted that this court that Secularism is part of the basic feature.
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