The court emphasized the need for legislative reform to empower the Election Commission and regulate caste-based political appeals while highlighting the limited powers of the Election Commission regarding de-registration of political parties.

JUDGMENT :

1. Heard Shri Moti Lal Yadav, Petitioner in person, Shri Rajat Rajan Singh, learned Amicus Curiae appearing on behalf of the petitioner, Shri O.P. Srivastava, learned Senior Advocate assisted by Ms. Anupriya Srivastava, learned counsel appearing for opposite party no.1 as well as Ms. Isha Mittal, learned Additional Chief Standing Counsel for the State and perused the materials available on record.

Notices were issued to opposite party nos. 5 to 8 and based on office report the same is deemed sufficient as per the Rules of the Court, a fact which has been noticed in the order dated 07.08.2024. None has appeared on behalf of the opposite party nos. 5 to 8 to contest the matter.

2. By means of this writ petition, petitioner- Moti Lal Yadav has prayed for the following main relief(s) :-

“(i) issue a writ, order or direction in the nature of Mandamus commanding the opposite Party No.1- Election Commission of India to Ban all the Caste Rallies/Sammellans like Brahman MahaSabha Rally, Yadav Rally, Chhatriya Rally, Kayastha Rally, Vaish Sammellan etc. organized by all the Political parties of India.

(ii) issue a writ, order or direction in the nature of Mandamus commanding the Opp. Parties to Ban to contest Election upon any person /party which are dividing the Society/Voters on the Caste/Religion basis.

(iii) issue a writ, order or direction in the nature of Mandamus commanding the Opp. Party No.1 to cancel the Registrations of the Political Parties which are found as guilty by organizing Caste/Religion Rallies.”

3. We have perused the interim order dated 11.07.2013 passed in this case.

4. As regards, ban on caste rallies by the Election Commission is concerned, the Commission has a role to play only after notification of elections, till its conclusion and to further this cause a Model Code of Conduct has been prepared which is referable to Article 324 of the Constitution of India read with relevant provisions of Representation of the People Act, 1951. As per the Model Code of Conduct for guidance of political parties and candidates, copy of which has been brought on record by the Commission, it is very much enshrined interalia, that no party or candidate shall indulge in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic; there shall be no appeal to caste or communal feelings for securing votes; Mosques, Churches, Temples or other places of worship shall not be used as forum for election propaganda, etc.

Further, we find that for violation of the Model Code of Conduct, action is permissible under paragraph no. 16-A of The Election Symbols (Reservation and Allotment) order, 1968, which reads as under:-

“[16A. Power of Commission to suspend or withdraw recognition of a recognized political party for its failure to observe Model Code of Conduct or follow lawful directions and instructions of the Commission-

Notwithstanding anything in this Order, if the Commission is satisfied on information in its possession that a political party, recognized either as a National party or as a State party under the provisions of this Order, has failed or has refused or is refusing or has shown or is showing defiance by its conduct or otherwise (a) to observe the provisions of the ‘Model Code of Conduct for Guidance of Political Parties and Candidates’ as issued by the Commission in January, 1991 or as amended by it from time to time, or (b) to follow or carry out the lawful directions and instructions of the Commission given from tim