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The Delhi High Court said on Thursday, Parliament is the right forum to decide on the legitimacy of the parties having names with caste, religious, ethnic or linguistic connotations as policymaking does not fall in the domain of the judiciary.
The High Court made the observation while hearing a petition filed by lawyer Ashwini Kumar Upadhyay, seeking deregistration of such political parties.
Who to decide on the legitimacy of the parties having names with caste.
Parliament is the right forum to decide on the legitimacy of the parties having names with caste, religious, ethnic or linguistic connotations.
In the plea Mr. Upadhyay has contended that the use of names with religious connotations or symbols similar to the national flag or emblem might prejudicially affect the poll prospects of a candidate and would amount to a corrupt practice under the RPA, 1951.
The plea referred to political parties such as the Hindu Sena, All India Majlis-e-Ittehadul Muslimeen and Indian Union Muslim League as examples of names with religious connotations and said this was “against the spirit” of the RPA and the model code of conduct.
The court further said people don’t vote for just the name of political parties and their policies need to be seen.
The Centre’s counsel said it does not wish to submit a response to the petition.
The Election Commission had earlier in its reply said that in 2005 it took a policy decision not to register any political party having a name with
religious connotations and thereafter, no such party has been registered.
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