Plea Against Election Of SP's Mohanlalganj MP For Allegedly Seeking Votes On Religious, Caste Lines: Allahabad HC Issues Notice

A bench of Justice Jaspreet Singh issued MP Chaudhary a notice on the election plea moved by an elector of the Mohanlalganj, a Lok Sabha parliamentary constituency in the Lucknow district of the state. The matter has been posted for further hearing on November 19.

The election petition, filed through Advocates Hari Shankar Jain, Vishnu Shankar Jain and Shailendra Srivastava, has been preferred under Section 81 of the Representation of the People Act, 1951 to assail Chaudhary's election by invoking Section 123(3) of the Act of 1951.

The plea claims that in his election campaign, Chaudhary appealed to the voters based on caste and religion under the banner of 'Pichada, Dalit, and Alpasankhyak (PDA)', which was formed to appeal to voters belonging to the 'Dalit' community, backward caste, and Muslims to vote in favour of the Samajwadi Party.

The petitioner argues that the term 'PDA' was coined by the Samajwadi Party, and votes were sought under its banner, appealing to voters belonging to the backward caste, the Dalit community, to vote for the Samajwadi Party. Also, an appeal was made to Muslim voters in the name of religion to vote for the Samajwadi Party to fulfil the purpose of PDA, the plea states.

The Plea adds that the appeal made to the voters to vote on the ground that they belong to 'Dalit' community, backward caste, Muslim community or any other religious minority community was in clear violation of Section 123(3) of the Representation of People Act, 1951 and therefore, it prays that the election of Chaudhary as an MP should be set aside.

It further argues that the very concept of PDA mooted by the Samajwadi Party is in total disregard of Section 123 (3) and (3A) of R.P. Act 1951 as a political party or a candidate cannot appeal to vote on the basis of religion and caste either of the voter or of the candidate.

The election petition also submits that the Lok Sabha election notification was made on April 26, 2024, and after that, while the election notification was in vogue and an election rally was held on May 12, 2024, in Mohanlalganj, the SP candidate sought votes on the basis of caste, community and religion.

Noting that the matter requires consideration, the Court issued notice to Chaudhayr and posted the matter for further hearing on November 19.