The Election Commission (EC) informed the Delhi High Court that it lacks the legal authority to regulate “political alliances” in response to a petition challenging a coalition of 26 political parties’ use of the acronym INDIA.
The Election Commission clarified that it has the power to conduct elections and register entities as political parties, but “political alliances” are not recognized as “regulated entities” under the Representation of the People Act or the Indian Constitution.
The EC’s counter-affidavit, filed through advocate Sidhant Kumar, stated that the Commission is constitutionally empowered to oversee and control the conduct of elections to parliament, state legislatures, and the offices of president and vice president under Article 324 of the Constitution of India. However, it emphasized that political alliances are not officially recognized as regulated entities under the Representation of People Act or the Constitution.
The EC referred to a Kerala High Court decision that stated political fronts or alliances of political parties are not legal entities under the Representation of the People Act. Therefore, there is no statutory provision mandating the EC to regulate the functioning of such political alliances.
The petitioner Girish Bharadwaj, objects to political parties’ use of the INDIA acronym, claiming that they are taking “undue advantage in the name of our country.” The plea has sought an interim order to halt the use of the INDIA acronym by the political parties and prohibit the use of the national flag with the acronym INDIA by the respondent political alliance. The case is scheduled for hearing on October 31.
The political parties named as respondents in the petition include the Indian National Congress, All India Trinamool Congress, Dravida Munnetra Kazhagam, Aam Aadmi Party, Janata Dal (United), Rashtriya Janata Dal, and several others.
The petitioner alleges that these parties have used the name of the nation to their advantage, creating confusion among the public about the upcoming general election in 2024. The petition contends that the respondents’ actions have caused people to believe that the election is a fight between political parties or alliances and the country.
The petitioner had initially approached the EC with a representation, but no action was taken, leading to the filing of the petition with the high court.
In August, the Delhi High Court had earlier sought responses from the Centre, the Election Commission of India, and the political parties listed in the petition, while adjourning the matter for hearing on October 31, 2023.
