Case Law
Subject : Constitutional Law - Election Law
LUCKNOW: The Allahabad High Court has directed the Union of India and the Uttar Pradesh State Government to submit specific affidavits clarifying their official positions on the legality and regulation of caste-based political rallies. The order comes in a Public Interest Litigation (PIL) that has been pending for over a decade.
A Division Bench comprising Justice Rajan Roy and Justice Manjive Shukla was hearing a Public Interest Litigation (PIL No. 5889 of 2013) filed by Moti Lal Yadav against the Chief Election Commissioner and others. The petition, filed in 2013, raises critical questions about the constitutional validity and societal impact of political rallies organized explicitly along caste lines.
The court expressed concern over the significant delay in the proceedings, noting that "this case has remained pending for quite sometime."
In its recent order, the High Court issued stern directions to expedite the matter and ensure compliance from the governmental bodies involved.
Response from Union of India: The court has instructed the petitioner to provide a copy of the pleadings to the counsel for the Union of India. The central government is now required to file a response "specifically indicating the stand of the Union of India with regard to holding of caste based rally."
Affidavit from State Government: The State Government has also been ordered to file a specific affidavit outlining its stance on the issue. Furthermore, the state must detail how it has complied with a previous interim order passed in the case on July 11, 2013.
The bench underscored the seriousness of the matter and the need for prompt action, stating, "Shri Anand Singh, learned Standing Counsel shall ensure the aforesaid, otherwise we would be compelled to summon the concerned Officers, as, this case has remained pending for quite sometime."
The court has scheduled the next hearing for the second week of October 2025, directing that the case be listed "among top 10 cases of the day."
This directive signifies the court's intent to bring a long-pending issue of public importance to a decisive hearing. The affidavits from the Union and State governments will be crucial in determining the future course of legal and regulatory frameworks concerning political mobilization and its intersection with caste identity in India. The outcome could have far-reaching implications for electoral practices and the enforcement of the model code of conduct.
#AllahabadHighCourt #PIL #ElectionLaw
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