The Election Commission on Monday told the Delhi High Court that it cannot regulate political alliances under the Representation of People Act, 1951, since the political alliances were not recognised as regulated entities under either the RP Act or the Constitution of India.
The constitutional body made the submission in a counter affidavit filed before the High Court on a public interest litigation raised objection against the newly-formed alliance of 26 opposition political parties using the acronym I.N.D.I.A (Indian National Developmental Inclusive Alliance).
The Commission told the High Court that ECI has been vested with the authority to register associations of bodies or individuals of a political party in terms of Section 29A of the Representation of People Act, 1951. However, political alliances were not recognised as regulated entities under the RP Act or the Constitution.
Referring to the Kerala High Court order in the case of Dr. George Joseph Themplangad vs. Union Of India & Ors, wherein it was held that there was no statutory provision mandating the constitutional body to regulate the functioning of political alliances, the Commission said that this reply was limited to the role of the Answering Respondent.
It said the same may not be construed as an expression of the Answering Respondent on the legality of the usage of acronym I.N.D.I.A by Respondent Nos. 4 – 29 in accordance with applicable laws.
The petitioner alleged that despite submitting representation against the new alliance before the ECI on July 19, the Commission neither made any observation regarding the matter, nor took any action against the respondent political parties.
The petition sought direction to the respondent political parties against using the acronym I.N.D.I.A. for their alliance, besides directions to both the Election Commission and the Union Government to take necessary action in the matter.
As per the petition, the parties have kept the name of the alliance as I.N.D.I.A. only to take undue advantages in the upcoming general elections in 2024.