The Supreme Court in the case Syed Waseem Rizwi versus. ECI And Anr observed and has adjourned the hearing of writ petition which sought the ban of political parties which use names and symbols with religious connotations to January 31.
The bench comprising of Justice MR Shah and Justice MM Sundresh, the Senior Advocate Dushyant Dave appearing for the Indian Union Muslim League (IUML) submitted that the petitioner was selectively impleading certain parties. The petitioner in the plea had impleaded IUML and AIMIM.
The petitioner’s credibility has also been questioned by the Dave, wherein stating that he had been released on bail recently in a hate speech case.
On September 12, the court 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.
It has been stated by Justice Shah told Dave that in a previous order, permission has already been granted to the petitioner to implead parties. Counsel, do not be too technical.
The counsel, Senior Advocate Gaurav Bhatia appearing for the petitioner submitted in response that these are state recognized parties. It has been observed by this court that they can be made a party if I agree. Thus, the Shiv Sena is not based on Lord Shiva but Shivaji Maharaj.
It has then been directed by the bench that a copy of the counter affidavit filed by Election Commission of India be served to the petitioners. The respondent was also allowed to file counter and petitioners to file a rejoinder.
In its counter-affidavit, it has been informed by the ECI to 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. It was observed that during a previous hearing, the Senior Advocate Bhatia, appearing for the petitioner, had submitted that two parties which are recognised state parties have the word “Muslim” in their name. Therefore, some parties are having crescent moon and stars in their official flags. It has also been stated that the petition listed several other parties which have religious names.
