What Actions Can ECI Take If A Candidate/Political Party Holds Caste-Based Rally After MCC Kicks In? Allahabad HC Asks

“Shri O.P. Srivastava, learned Senior Counsel (appearing for the ECI) shall address the Court on the next date as to what happens if a political party or candidate in an election is found to be violating the model code of conduct with regard to the prohibition of holding caste based political rally. What action the Election Commission can take in this regard,” the Court's August 7 order reads.

ECI's response on the issue, as mentioned above, has been sought by a bench of Justice Rajan Roy and Justice Om Prakash Shukla in light of the Commission's response in the HC (filed in 2023) that it has no Jurisdiction to ban caste-based rallies organized by political parties in the non-election period or to ban them from contesting subsequent polls.

It may be noted that in its response filed before the HC, the ECI categorically stated that the Commission's role is confined to the election process only and that during the election process, it issues guidelines and directions, as contained in the Model Code of Conduct, restraining the concerned political parties and candidates from holding any caste-based political rallies.

The ECI filed this response in a 2013 PIL by Advocate Moti Lal Yadav. The PIL plea seeks a ban on all political rallies that organize caste rallies and a direction to the ECI to cancel the registration of political parties that organize such rallies.

Hearing the plea in 2013, the High Court issued a notice to the ECI and other political parties and issued interim directions to ban all such caste-based rallies across Uttar Pradesh. However, no replies have been filed by any political parties arrayed in the PIL plea to date.

Hearing the PIL plea on August 7, the Court asked the petitioner to add the Ministry of Law and Justice as an opposing party on the e-portal and provide a copy of the petition to the Counsel representing the Union of India.

Additionally, the Court also directed the petitioner to file a new affidavit, within two weeks, with updated data on caste-based political rallies by parties over the past 10 years, considering the fact that the original petition was filed in 2013.

The matter will be heard next on August 29.

Case title - Moti Lal Yadav vs. Chief Election Commissioner Election Commission.Of India And Ors.

Click Here To Read/Download Order