Today (20th March): The Allahabad High Court seeks responses from four major political parties regarding a plea to prohibit caste-based rallies.
UTTAR PRADESH: The Allahabad High Court issued fresh notice to prominent political parties including the Bharatiya Janata Party (BJP), Congress Party, Samajwadi Party, and Bahujan Samaj Party in response to a Public Interest Litigation (PIL) filed by Moti Lal Yadav back in 2013.
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Chief Justice Arun Bhansali and Justice Jaspreet Singh highlighted that previous notices had been issued to the concerned parties, allowing sufficient time for them to furnish their responses. However, the Court granted one last opportunity to the political parties to file their responses.
The bench had observed, “The unrestricted freedom to hold caste-based rallies, which is to the total disliking and beyond the comprehension of the modern generation and also being contrary to the public interest, cannot be justified. It will rather be an act of negating the rule of law and denying the fundamental rights to citizens,”
The bench had also said, “In their attempt to seek political base in the caste system by means of politicization, it appears that the political parties have seriously disturbed the social fabrics and cohesiveness. It has rather resulted in causing social fissions.”
The Public Interest Litigation (PIL) initiated by Moti Lal Yadav in 2013 seeks to enforce a total prohibition on any political party engaged in organizing caste-based rallies. Furthermore, the plea calls for the removal of all political entities involved in such activities from official listings.
In March of the previous year, the Election Commission of India (ECI) filed an affidavit with the High Court, asserting its lack of authority to prohibit political parties from conducting caste-based rallies outside of election periods.
The Court has scheduled the next hearing for April 10. The petitioner Moti Lal Yadav appeared in person and representation by the Central Government Standing Counsel, Additional Solicitor General, as well as advocates Kaushlendra Yadav and OP Srivastava appearing for the respondents.
The Court specifically directed,
“Notice was issued to the respondent nos. 5 to 8 in pursuance of the order dated 11.11.2022 have not been served to the said respondents. Issue fresh notice to respondents nos. 5 to 8, returnable at an early date. Steps shall be taken within a week.”
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“Despite the clear constitutional provisions and the fundamental rights enshrined therein, they are feeling disillusioned, dismayed and betrayed because of being placed in disadvantageous position in the number game of vote politics,” it stated.
The ECI expressed its inability to enforce such a ban during non-election periods. Instead, it emphasized the formulation of stringent regulations aimed at preventing election campaigning along communal lines or soliciting votes based on caste, creed, or religion. However, the ECI emphasized its authority to take action against political parties, contesting candidates, and their agents who seek appeals on caste lines only during the official election period, governed by the Model Code of Conduct.
CASE TITLE: Moti Lal Yadav v CEC & Ors
