For the word ‘Muslim’ in party name, we cannot de-register IUML and AIMIM: ECI to SC

Election Commission of India on Friday told the Supreme Court that it cannot act against parties like Indian Union Muslim League (IUML) and All India Majlis-e-Ittehadul Muslimeen (AIMIM) for using name of a religion – Muslim – in the party name primarily as they were registered even before 2005, the year when ECI decided not to register any more parties using religious names or symbols

SC had sought views of ECI on a petition which contended that use of name and symbols related to religion is violation of Representation of People’s Act (RPA)

The ECI said it did not have power to de-register a party and left the decision in this regard to the Supreme Court which is hearing a plea filed by former president of Shia Waqf Board Syed Waseem Rizvi (who recently converted to Jeetendra Tyagi) seeking de-registration of political parties using name of religion and religious symbol in their names and bar them from contesting polls. Rizvi is represented in Supreme Court by Senior Advocate Gaurav Bhatia, assisted by Advocate-On-Record Abhikalp Pratap Singh.

The affidavit filed by the Election Commission in SC said that the commission had in the year 2005 taken a policy decision whereby it was decided that political parties having religious names or connotations would not be registered under Sec 29 A of the RP Act. “Since then, no political parties with such names are being registered. Certain political parties(IUML, AIMIM) mentioned in instant petitions were registered prior to the aforesaid decision.”

Even in May 2014 the Election Commission issued an order whereby it was decided that parties seeking registration should not have religious connotations, it said.

“Registered names of those existing political parties which are having religious connotations have become legacy names as they have been existing for decades. Whether the names of these political parties may or may not be disturbed is accordingly left open to the wisdom of this (SC) court”, said the EC affidavit.

WHAT WAS THE CASE?

Election commission filed the response in a petition filed by former president of Shia Waqf Board Syed Waseem Rizvi (who recently converted to Jeetendra Tyagi) seeking de-registration of political parties using name of religion and religious symbol in their names and symbols and bar them from contesting

SC has already issued notices to Indian Union Muslim League (IUML), AIMIM in this petition and fixed the matter for hearing today (Friday).

Senior Advocate Gaurav Bhatia who appeared for Rizvi earlier had argued: “There are political parties whose name and symbols violate Representation of Peoples Act. There are parties with flag having crescent moon and stars. Political parties can’t have names with religious connotation. If a party with a religous name seeks votes, it will be violating RP Act and secularism.”

Gaurav Bhatia had earlier said: Take IUML, they have MPs and MLAs in Kerala. This violates Model Code of Conduct. We need to see can we pollute the politics?

Rizvi sought ban on raising of green flags with crescent and star, akin to that of Pakistan Muslim League atop buildings and religious places in the country and termed it “un-Islamic”.

"Such flags are being hoisted in Muslim-dominated areas with utmost impunity", the public interest litigation said, claiming that the crescent and star in a green backdrop have never been part of any Islamic practice and do not have any role or significance in Islam,” he argued.