SC rejects PIL seeking to stop misuse of religion in elections

The Supreme Court Monday refused to entertain a PIL seeking to stop misuse of religion for electoral gains and debarring candidates as also de-registering political parties for taking undue benefits in the name of religion.

A bench headed by Chief Justice Ranjan Gogoi dismissed the PIL filed by BJP leader and lawyer Ashwini Upadhyay seeking issuance of direction to the poll panel and the Centre to take appropriate steps to restrict misuse of religion by the candidates and political parties.

"We are not inclined. Dismissed," the bench, which also comprised Justice S K Kaul, told senior lawyer Amrendra Sharan who was seeking issuance of notice on the PIL.

The plea also sought conferring the Election Commission of India (ECI) with the power to refer complaints related to such corrupt electoral practices to investigation agencies, much in line with the recommendation of the Goswami Committee on Electoral Reform.

In its 1990 report, the Committee had suggested some parallel recommendations including giving ECI the power to refer any matter for investigation to any agency specified by the Commission, it said.

The petition said religious statements are made during elections to support particular political parties and candidates, which is against democracy.

"It has been observed, particularly, since 2000 onwards, not only the Parliament and State Assembly General Election, even in the by-election; religious statements are made to support particular political parties and candidates, which is against the basic dictum of democracy and free and fair election in spirit of Article 324 of the Constitution," it said.

It said that using religion for electoral gains was violative of Articles 14 (right to equality)and 19 (freedom of speech and expression) of the Constitution.

The petition also submitted that the law be amended so as to effectuate the Liberhan Commission recommendations which had proposed taking swift action against parties that misuse religious sentiments, or else as an alternative, the Election Commission be directed to frame guidelines for the same.

Under Section 123 of the Representation of the People Act, appeal on grounds of religion, race and promotions of feelings of enmity between different classes, constitute corrupt practice but it cannot be a subject of enquiry before the ECI when the election is in progress, the plea said.

"Ironically, these provisions will have application only during the period of election and there is no provision to challenge the corrupt practice of the candidate who lost the election," it said.