New Delhi: In response to a petition challenging the use of the acronym I.N.D.I.A by a coalition of 26 political parties, the Election Commission (EC) on Monday told the Delhi High Court that it does not have any legal authority to regulate "political alliances."
In its reply filed in the case, EC said that it has the power to conduct elections and register entities as a political party but "political alliances" are not recognised as "regulated entities" under the Representation of the People Act or the Indian Constitution.
However, the Election Commission clarified that its reply is limited to its role and the same may not be construed as its "expression" on the "legality of the usage of the acronym I.N.D.I.A".
Earlier in the year, petitioner Girish Bharadwaj had approached the high court against the use of the I.N.D.I.A acronym, saying the political parties were taking "undue advantage in the name of our country".
The counter affidavit filed through advocate Sidhant Kumar stated, "Answering Respondent (EC) is constituted under Article 324 of the Constitution of India for superintendence, direction and control of the conduct of all elections to parliament, state legislatures and the offices of president and vice president."
"The Answering Respondent has been vested with the authority to register association of bodies or individuals of a political party in terms of Section 29A of Representation of People Act, 1951 ('RP Act'). Notably, political alliances are not recognised as regulated entities under the RP Act or the Constitution," it further stated.
Highlighting a decision passed by the Kerala High Court, the EC said that a political front or an alliance of political parties was not a legal entity in terms of the Representation of the People Act and there was no statutory provision mandating it to regulate the functioning of such political alliances.
The plea, filed by Girish Bharadwaj, has sought an interim order staying the use of the acronym I.N.D.I.A by the political parties and to also prohibit the use of the national flag with the acronym I.N.D.I.A by the respondent political alliance.
The petition has stated that these parties have said that they will contest the 2024 Lok Sabha elections together against the Bharatiya Janata Party (BJP)-led National Democratic Alliance (NDA) and referred to the statements of West Bengal Chief Minister Mamata Banerjee and Congress leader Rahul Gandhi.
".... by dragging the name of our Nation Mr (Rahul) Gandhi very cunningly presented the name of their alliance as the name of our nation and tried to show that the NDA/BJP and Hon’ble Prime Minister Mr (Narendra) Modi is in conflict with our own nation, that is, INDIA and this attempt of Mr Gandhi had created confusion in the mind of common people that the upcoming general election of 2024 will be a fight between political parties or between alliance and our country.
"That by creating this confusion the respondent political parties want to take undue advantage in the name of our country," the plea has said.
It has said that the petitioner gave a representation to the EC but no action was taken after which he approached the high court with the petition.