Can’t de-register IUML and AIMIM, for word 'Muslim' in party name, EC to SC [Read Counter Affidavit ]

NEW DELHI: The Election Commission has told the Supreme Court that it cannot act against parties like Indian Union Muslim League (IUML) and All India Majlis-e-Ittehadul Muslimeen (AIMIM) for using name of a religion, 'Muslim' in the party name since they were registered before 2005.

After 2005, it decided not to register any more parties using religious names or symbols.

In an affidavit, the EC said that in 2005, it had taken a policy decision, whereby it decided that political parties having religious name/connotation would not be registered thereon under Section 29A of the Representation of People’s (RP) Act, 1951.

“As per the said policy decision taken in 2005, the Election Commission since then has not registered any political party having religious connotation in their name under the provision of Section 29A of the RP Act, 1951. It is apposite to mention herein that certain political parties (IUML and AIMIM) mentioned in the instant Writ Petition were registered prior to the aforesaid decision of the ECI”, it added.

The written response from the EC came on a writ petition filed by Syed Waseem Rizvi.

The top court had sought the view of the ECI on the petition which contended that use of names and symbols related to religion was a violation of Representation of People’s Act (RPA).

The plea said using religion to lure voters is strictly prohibited under section 123 of RPA, in view of the secular values of the Constitution.

In its reply, the EC also said it did not have power to de-register a party and left the decision in this regard to the wisdom of the Supreme Court.

"The registered names of those existing political parties which are having religious connotation have become legacy names, as they have been in existence for decades. Whether the names of these political parties may or- may not be disturbed is, accordingly, left open to the wisdom of this court," it said.

With regard to a plea by the petitioner to cancel the symbol allotted to political parties with religious connotation, the EC said this is legally untenable as symbols reserved for any national or state party is strictly based on its electoral performance under the provisions of the Symbol Order, 1968.

The affidavit also pointed out even in May 2014, EC had issued an order whereby it was decided that parties seeking registration should not have religious connotations. “The registered names of those existing political parties which are having religious connotations have become legacy names as they have been existing for decades. Whether the names of these political parties may or may not be disturbed is accordingly left open to the wisdom of this (SC) court," the EC stated.

[Read Counter Affidavit ]