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The Election Commission of India (ECI) has told the Delhi High Court that it cannot regulate political alliances under the Representation of the People Act, in response to a plea against using the acronym INDIA (Indian National Developmental Inclusive Alliance) by 26 Opposition political parties.
The poll body, in its affidavit, said its authority to “regulate matters concerning elections in the absence of any contrary law in force” is to be exercised in accordance with the law passed by Parliament.
The affidavit submitted that the ECI has been vested with the authority to register the association of bodies or individuals of a political party in terms of Section 29A of the Representation of People Act.
“Notably, political alliances are not recognised as regulated entities under the RP Act or the Constitution,” the affidavit submitted.
The poll body also relied on a 2021 decision of the Kerala High Court in Dr George Joseph Themplangad v Union of India & Ors, which had held that political alliances are not legal entities and there are no statutory provisions mandating the ECI to regulate their functioning.
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The ECI has, however, clarified that its response is limited to its role and should not be construed as an expression of the poll body on the legality of the usage of the INDIA acronym by respondent political parties. The plea is listed for hearing on Tuesday.
The plea sought a direction to the respondent political parties prohibiting them from using the acronym. It further sought a direction to the Centre and the ECI to take action against the parties for using the same.
The plea stated that the respondent parties are trying to use the name of the country as an acronym for their alliance which may lead to “political hatred, and which can eventually lead to political violence”.
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