PIL filed in SC seeking to de-register Cong for ‘anti-constitutional’ propaganda
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New Delhi: A public interest litigation (PIL) has been filed in the Supreme Court, seeking to deregister the Indian National Congress (INC) for engaging in widespread "anti-constitutional" propaganda against the Election Commission of India (ECI).
The petition argued that the propaganda is intended to undermine the poll body's constitutional authority and jeopardise the country's democratic process.
Further, it sought a declaration that Congress President Mallikarjun Kharge and Leader of Opposition in Lok Sabha Rahul Gandhi have “no allegiance to the Constitution of India”.
The PIL alleged that the nationwide campaign by Congress leaders against the ECI breaches the constitutional oath taken by the party at the time of its registration and unlawfully interferes with the poll body’s statutory and constitutional functions.
The ECI is vested with the exclusive authority to prepare and amend the electoral rolls across the country under the Representation of the People Act, 1951, and the rules framed thereunder, added the petition.
“Once the issue of special intensive revision of the voter list of the State of Bihar is sub-judice before this Hon’ble Court, the political parties, especially the Indian National Congress and its leader Sh. Rahul Gandhi and Shri Mallikarjun Kharge cannot make any campaign, propaganda and can use the language (Vote Chor) in public meetings,” it said.
The petitioner, Satish Kumar Aggarwal, a former vice-president of the Akhil Bharat Hindu Mahasabha, contended that such conduct violates Article II of the Congress’ own constitution, which mandates allegiance to the Constitution of India, as well as Section 29A of the Representation of the People Act, which requires political parties to bear true faith and allegiance to the Constitution of India.
Urging the apex court to issue a direction to the ECI to de-register Congress as a political party, the PIL also sought the constitution of a Special Investigation Team (SIT) to investigate the “propaganda, campaign, and anti-Election Commission movement” led by top Congress leadership, along with their prosecution.