Madras High Court Seeks ECI's Response On Plea To Educate Voters Against Seeking Votes On Basis Of Religion, Caste And Language

The bench of Acting Chief Justice R Mahadevan and Justice Mohammed Shaffiq directed the ECI to respondent within 12 weeks.

The petition was filed by Rajesh Anouar Mahimaidoss, a lawyer based in Vellore. In his plea Mahimaidoss submitted that free and fair election was paramount to an electoral democracy and during election and non-election period, it was common for parties to often use religion, language and caste as a tool to polarise people to get political gain.

He submitted that in 2017, the Apex Court, in the decision of Abhiram Singh v CD Commachen had ruled that seeking votes in the name of religion, caste and language was a corrupt practice. He added that in April 2023, the Apex Court had also ruled that the states should take steps to curb hate speech in the country.

He added that even after 75 years of Independence, the political parties undertake a divide and rule policy and seek vote in the name of religion, caste and language which is against the constitution. He submitted that even if regulations were put in place to curb this practice, political parties often did things indirectly. He added that while the ECI took steps to curb this practice during the election time, during the non-election time, the political parties made use of the lacuna and continued to engage in this practice.

Thus, he submitted that it was the duty of the ECI to have a round the year system to disseminate information about the preamble, the basic structure of the constitution, and Section 123(3) of the Representation of Peoples Act.

He thus sought for the ECI to frame a system through which the information was disseminated through social media, mainstream media, public places and other entertainment places. He also sought directions to the ECI to upload these details in the official website and in the website of state election commission, political parties, polling stations etc. He also sought for a commission to be appointed, comprising retired judges and human rights activists to ensure proper implementation of Supreme Court orders.

Case Title: Rajesh Anouar Mahimaidoss v Election Commission of India

Case No: WP No: 12688 of 2024