The Election Commission does not have any legal authority to regulate “political alliances”, the poll panel has told the Delhi High Court in response to a petition challenging the use of the acronym INDIA by a coalition of 26 political parties.
The Election Commission (EC), in its reply filed in the case, said it has the power to conduct elections and register entities as a political party but “political alliances” are not recognised as “regulated entities” under the Representation of the People Act or the Indian Constitution.
It, however, clarified that its reply is limited to its role and the same may not be construed as its “expression” on the “legality of the usage of the acronym I.N.D.I.A”.
“Answering Respondent (EC) is constituted under Article 324 of the Constitution of India for superintendence, direction and control of the conduct of all elections to parliament, State legislatures and the offices of president and vice president,” the counter affidavit filed through advocate Sidhant Kumar said.
“The Answering Respondent has been vested with the authority to register association of bodies or individuals of a political party in terms of Section 29A of Representation of People Act, 1951 (‘RP Act’). Notably, political alliances are not recognised as regulated entities under the RP Act or the Constitution,” it stated.
The EC highlighted a decision passed by the Kerala High Court, which said that a political front or an alliance of political parties was not a legal entity in terms of the Representation of the People Act and there was no statutory provision mandating it to regulate the functioning of such political alliances.
Petitioner Girish Bharadwaj had approached the high court earlier this year against the use of INDIA acronym, saying the political parties were taking “undue advantage in the name of our country”.
The plea has sought interim order staying the use of acronym INDIA by the political parties and to also prohibit the use of the national flag with the acronym INDIA by the respondent political alliance.
