Court asks petitioner to approach EC for action against Sena, MNS
Sena and MNS recognised as State parties by Commission
Petitioner cites instances of Sena and MNS targeting north Indians
NEW DELHI: The Supreme Court's direction on Monday asking a petitioner, who sought de-recognition of the Shiv Sena and the Maharashtra Navnirman Sena for their “hate campaign” against north Indians to approach the Election Commission might lead to a fresh debate on the EC's powers to act against a recognised party during non-election time.
The Sena and the MNS are recognised as State parties by the Commission. Informed sources said that under the present provisions, action including suspension or withdrawal of recognition of a political party for violation of model code of conduct, could be taken only during the poll time. But so far, no party had been de-recognised or suspended. If the action was taken during election time, it would remain valid even after the poll process was over, unless and until the Commission took any other decision later. But the instances of violence by the two parties, highlighted by the petitioner in the court, were all non-poll time occurrences, it is pointed out.
Paragraph 16A of the Election Symbols (Reservation and Allotment) Order, 1968, reads: “16A. Power of Commission to suspend or withdraw recognition of a recognised political party for its failure to observe the Model Code of Conduct or follow lawful directions and instructions of the Commission — Notwithstanding anything in this Order, if the Commission is satisfied with information in its possession that a party, recognised either as a national or State party under the provisions of this Order, has shown or is showing defiance by its conduct or otherwise (a) to observe the provisions of the Model Code of Conduct for Guidance of Political Parties and Candidates' as issued by the Commission in January 1991, or as amended by it from time to time, or (b) to follow or carry out the lawful directions and instructions of the Commission given from time to time with a view to furthering the conduct of free, fair and peaceful elections or safeguarding the interests of the general public and the electorate in particular, the Commission may, after taking into account all available facts and circumstances of the case and after giving the party a reasonable opportunity of showing cause in relation to the action proposed to be taken against it, either suspend, subject to such terms as the Commission may deem appropriate, or withdraw the recognition of such party.”
In his petition, Mohan Pandit cited instances of the Sena and the MNS targeting north Indians during a railway recruitment examination in 2008, the assault on Samajawadi Party MLA Abu Azmi in the Maharashtra Assembly and other acts of violence against non-Maharashtrians.
The speeches and actions of the Sena and the MNS could have attracted action had they been made during poll time.
The sources said the very first point of the Commission's Model Code reads: “No party or candidate shall include in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic.”
