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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
AMRESHWAR PRATAP SAHI, SANJAY HARKAULI, JJ.
AJMAL KHAN - Appellant
Versus
ELECTION COMMISSION OF INDIA - Respondent
P.I.L. Civil No. 3439 of 2017
Decided on : 08-03-2017
Election Commission of India - Powers and Duties - Representation of Peoples Act, 1951, Section 126, 123(3), 123(3-A), 125 - The court discussed the powers of the Election Commission of India in ensuring free and fair elections, preventing violation of laws, and issuing prohibitory orders. The judgment of the Apex Court in the case of Abhiram Singh v. C.D. Commachen was referenced, emphasizing the prohibition of appealing to vote on the grounds of religion, caste, etc. The court directed the Election Commission to take positive and effective steps to prevent such violations and enforce its orders.
Fact of the Case:
The petitions were filed in relation to the powers of the Election Commission of India after elections have been notified. One petition sought mandamus for issuance of prohibitory orders to prevent promotion of ill-feeling on the ground of religion, while the other sought cancellation of a political party's registration for making false promises inducing voters in the name of religion.
Finding of the Court:
The court found that the Election Commission of India enjoys plenary powers under Article 324 of the Constitution of India and has issued circulars to prevent violations of election laws. It directed the Election Commission to take positive and effective steps to prevent violations and enforce its orders.
Issues: The issues involved the exercise of powers by the Election Commission of India after elections have been notified, including the issuance of prohibitory orders and the registration of political parties violating election laws.
Ratio Decidendi: The court emphasized the prohibition of appealing to vote on the grounds of religion, caste, etc., as per the judgment of the Apex Court in the case of Abhiram Singh v. C.D. Commachen. It directed the Election Commission to take necessary steps to prevent such violations and enforce its orders.
Final Decision: The petitions were disposed of with directions for the Election Commission of India to take positive and effective steps to prevent violations of election laws and enforce its orders.
1. Heard Sri Ajmal Khan in person in PIL Civil No.3439 of 2017 and Sri H.S. Jain learned counsel for the petitioners in Writ Petition No.3462 (M/B) of 2017.
2. These two petitions have been filed in relation to a subject matter that goes to the root of powers of the Election Commission of India to be exercised after elections have been notified.
3. The prayer made in writ Petition No.3439 (PIL)) of 2017 is that a mandamus be issued to the Election Commission of India for issuance of prohibitory orders including a direction to the Ministry of Information and Broadcasting for taking steps to curtail any promotion of ill-feeling by speech or otherwise on the ground of religion or religious rhetoric and prohibitory orders should also be issued to individuals or parties in this direction and to take effective action in order to prevent any such activity, more so, keeping in view of the latest decision of Apex Court in the case of Abhiram Singh v. C.D. Commachen (dead) by Lrs. & Ors., decided on 02.01.2017 (Civil Appeal No.37 of 2991).
4. The second Writ Petition No.3462 (M/B) of 2017 has been filed praying that the registration of a particular political party named therein, be cancelled for having made false promises inducing voters in the name of religion in the manifesto and also being depicted through media which are in violation and utter derogation of the Fundamental rights and the laws on the subject and therefore, the petitioner seeks invoking of the provisions of Section 29-A of the Representation of Peoples Act, 1951 alleging violation of the provisions of Section 123 (3), (3-A) and Section 125 of the 1951 Act.
5. We had adjourned the matter to enable the Election Commission of India to respond to the same.
6. Sri O.P. Srivastava, learned Senior Counsel assisted by Sri V.K. Dubey and Dr. Deepti Tripathi for the Union of India have produced the circulars of the Election Commission of India dated 05.01.2017 and 24.01.2017 to urge that keeping in view the recent Assembly Election in 5 States, directions have been issued and in particular to the political parties recognised under the Representation of Peoples Act to take due note of the same, as also the judgment of the Apex Court in the case of Abhiram Singh (supra) and to instruct their candidates and party workmen to desist from indulging into any such activities which may amount to violation of the aforesaid provisions. It was also instructed therein that this should be taken to be a direction in relation to the Model Code of Conduct promulgated by the Election Commission of India.
7. Sri Ajmal Khan in the first writ petition also invited the attention of the Court to two such orders that had been passed previously dated 11.04.2014 and 22.04.2014 by the Election Commission of India in relation to the complaint received against three individuals named in the said letters and had sought a compliance report in this regard from the respective State Government. He therefore, submits that the Election Commission has been exercising the said power in the past and therefore this exercise should also be undertaken whenever such complaints are received by it in this regard.
8. He also submits that even otherwise, prohibitory orders should be issued in order to secure free and fair elections and also to keep the political parties their leaders and their supporters within the bounds of the guidelines and the Model Code of the Election Commission and the provisions of the Representation of Peoples Act, 1951 as well as directions and circulars of the Election Commission of India.
9. We have considered the aforesaid submissions raised. Sri O.P. Srivastava, learned Senior Counsel for the Election Commission of India submits that the Election Commission of India enjoys plenary powers under Article 324 of the Constitution of India and all possible steps in order to secure the interest of free and fair elections as also preventing the violation of the laws applicable are being undertaken from
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