"Shiv Sena Based On Shivaji Maharaj & Not Lord Shiva" : Petitioner Seeking Ban On Political Parties With Religious Names Tells Supreme Court

The Supreme Court of Indon Friday adjourned the hearing of writ petition which sought the ban of political parties which use names and symbols with religious connotations to January 31.

Before a Bench of Justices MR Shah and MM Sundresh, Senior Advocate Dushyant Dave appearing for the Indian Union Muslim League (IUML) submitted that the petitioner was selectively impleading certain parties. The petitioner had impleaded IUML and AIMIM.

"Lordships had granted leave to implead necessary (political) parties. There is no urgency. Election Commission has dismissed similar pleas. No one challenged those. The petitioner is being selective here. Why the petitioner is targeting only IUML when Supreme Court wanted the names of "parties" that he wanted to implead? What about Shiv Sena, Shiromani Akali Dal?"

Dave also questioned the petitioner's credibility stating that he had been released on bail recently in a hate speech case.

The Court, on September 12 had granted bail to Jitendra Narayan Tyagi aka Waseem Rizvi in the case related to the alleged hate speeches made at the Dharm Sansad which was organized in Haridwar between 17th and the 19th December 2021.

"In a previous order, we have already granted permission to the petitioner to implead parties. Counsel, don't be too technical", Justice Shah told Dave.

Senior Advocate Gaurav Bhatia appearing for the petitioner, in response stated that these are state recognized parties. "This court has observed that they can be made a party if I agree. Shiv Sena is not based on Lord Shiva but Shivaji Maharaj."

The Bench then directed that a copy of the counter affidavit filed by Election Commission of India be served to the petitioners. It also allowed the Respondents to file counter and petitioners to file a rejoinder.

The ECI, in its counter-affidavit had told the Supreme Court that there is no express statutory provision under the Representation of Peoples Act, 1951 which bars the registration of political parties with names having religious connotations.

During a previous hearing, Senior Advocate Bhatia, appearing for the petitioner, had submitted that two parties which are recognised state parties have the word "Muslim" in their name. Some parties have crescent moon and stars in their official flags. He said that the petition listed several other parties which have religious names.

He had also placed reliance on the Supreme Court bench judgment of S. R. Bommai vs Union of India and submitted that, "it was held by this court that Secularism is part of the basic feature".

Case Title: Syed Waseem Rizwi v. ECI And Anr. WP(C) No. 908/2021 PIL

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