Allahabad High Court Clarifies Election Law on Caste and Religion Appeals
The Lucknow bench of the Allahabad High Court delivered a significant verdict on Tuesday, stating that under the existing legal framework, no individual or political party can be completely barred from contesting elections merely on the grounds of influencing voters based on caste or religion. The court emphasized that this issue falls within the domain of the legislature to enact laws, and the Election Commission lacks the authority to cancel the registration of any political party on this specific basis.
Background of the Case and Interim Order
A division bench comprising Justice Rajan Roy and Justice AK Chaudhary passed this final order on a Public Interest Litigation (PIL) filed by Motilal Yadav in 2013. The PIL sought directions against the holding of caste-based rallies by political parties. Interestingly, in an interim order issued in July 2013 itself, a bench of Justice Uma Nath Singh and Justice Mahendra Dayal had imposed a stay on caste-based rallies "with immediate effect" throughout Uttar Pradesh, highlighting the ongoing legal scrutiny of such practices.
Legal Provisions and Jurisdictional Limits
In its detailed ruling, the high court clarified that Section 8A of the Representation of the People Act is the sole provision under which disqualification is permitted in cases of electoral malpractice. The court further explained that the power to impose a pre-emptive ban on a political party or individual is not currently available in the law, and this matter is entirely within the jurisdiction of the legislature. Citing previous Supreme Court decisions, the bench stated that even the Election Commission does not possess the power to deregister a political party, except under limited circumstances as prescribed by the apex court.
Recognition and Symbol Allotment Framework
The high court also addressed the recognition of political parties, noting that the recognition of a recognized political party can be suspended or withdrawn under Paragraph 16A of the Election Symbols (Reservation and Allotment) Order, 1968. However, the court underscored that only the legislature, not the judiciary, has the authority to add new or additional provisions in this regard. This clarification reinforces the separation of powers between the legislative and judicial branches in electoral matters.
State Government Order and Future Implications
Despite its ruling, the court referenced an order passed by the Uttar Pradesh government in September 2025, which bans caste-based rallies in the state. This indicates that while the high court has clarified the current legal limitations, state-level regulations may still impose restrictions on such activities. The verdict is expected to have far-reaching implications for election campaigning strategies and legal interpretations across India, as it delineates the boundaries between judicial oversight and legislative prerogative in addressing caste and religion-based voter influence.
