Wooing voters on caste, religion lines no ground to bar party: HC

LUCKNOW: The Lucknow bench of Allahabad high court on Tuesday said that under the current law, no person or political party can be completely barred from contesting elections merely on the ground that it is influencing voters on the basis of caste or religion.

The court said that it is the subject of the legislature to make laws in this regard, and the Election Commission cannot cancel the registration of any political party on this ground.

A division bench of Justice Rajan Roy and Justice AK Chaudhary passed the verdict on a PIL filed by Motilal Yadav in 2013, seeking direction against holding of caste-based rallies by political parties. In an interim order in July 2013 itself, a bench of Justice Uma Nath Singh and Justice Mahendra Dayal had stayed caste-based rallies “with immediate effect” throughout UP.

In its final order on Tuesday, the court said that Section 8A of the Representation of the People Act is the only provision under which disqualification is permitted in cases of electoral malpractice. The high court clarified that the power to impose a pre-emptive ban on a political party or individual is not currently available in the law and that this matter falls entirely within the jurisdiction of the legislature. Citing previous Supreme Court decisions, the court stated that even the Election Commission does not have the power to deregister a political party except under limited circumstances prescribed by the apex court.

The high court also clarified that the recognition of a recognized political party can be suspended or withdrawn under Paragraph 16A of the Election Symbols (Reservation and Allotment) Order, 1968.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, only the legislature, not the court, has the power to add new or additional provisions in this regard. The court, however, cited an order of the UP govt passed in Sept 2025 which bans caste-based rallies in the state.


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